MB9-21658

MB9-21658

The MFA is a Convention refugee because she has a well-founded fear of being subjected to FGM if returned to Nigeria, state protection is unavailable or inadequate, and proposed internal flight alternatives are not viable given her age and lack of support; the PA and MMA's appeals are dismissed because of material...

Source-derived case information.

Citation
MB9-21658
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Female Appellant: XXXX XXXX XXXX; Minor Male Appellant: XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision Rendered With Reasons (appeal Adjudicated)
Outcome
Appeal allowed in part: Minor Female Appellant (MB9-21659) allowed as Convention refugee; Principal Appellant (MB9-21658) and Minor Male Appellant (MB9-21660) appeals dismissed.
Legal Topics
Female Genital Mutilation (fgm), Convention Refugee Determination, Particular Social Group, Credibility Assessment, State Protection, Internal Flight Alternative, Child Claimant Evidence
Source Language
en
Immigration Refugee Law Human Rights Law Administrative Law Gender Based Violence Female Genital Mutilation (fgm) Convention Refugee Determination Particular Social Group +4 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Female Appellant

XXXX XXXX XXXX

Minor Male Appellant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision Rendered With Reasons (appeal Adjudicated)

  1. 1 Whether the Minor Female Appellant (MFA) has a well-founded fear of persecution by reason of FGM
  2. 2 Whether the credibility findings about the Principal Appellant (PA) undermine the MFA's claim
  3. 3 Whether adequate state protection or reasonable internal flight alternatives exist in Nigeria for the MFA

Ratio Decidendi

The MFA is a Convention refugee because she has a well-founded fear of being subjected to FGM if returned to Nigeria, state protection is unavailable or inadequate, and proposed internal flight alternatives are not viable given her age and lack of support; the PA and MMA's appeals are dismissed because of material credibility concerns and absence of personal nexus to persecution.

Court Disposition

Appeal allowed in part: Minor Female Appellant (MB9-21659) allowed as Convention refugee; Principal Appellant (MB9-21658) and Minor Male Appellant (MB9-21660) appeals dismissed.

Orders

  • Set aside the RPD decision with respect to the Minor Female Appellant (MB9-21659) and substitute a determination that she is a Convention refugee pursuant to paragraph 111(1)(b) of the IRPA.
  • Confirm the RPD decision with respect to the Principal Appellant (MB9-21658) and the Minor Male Appellant (MB9-21660); appeals dismissed and they are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the IRPA.