VB9-08251

VB9-08251

The RPD erred in finding a viable IFA in Mombasa; considering evidence of Mungiki presence beyond central Kenya, documented Mungiki links to police and politicians, and unchallenged evidence that the appellant was reported missing so entry could be flagged, relocation within Kenya would not avoid a serious possibility of gender-based persecution; accordingly the appellant is a Convention refugee.

Citation
VB9-08251
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2021
Procedural Posture
Refugee Appeal (convention Refugee Claim) / Refugee Appeal Division Decision (substitution)
Outcome
Appeal allowed; RAD substitutes decision that appellant is a Convention refugee.
Legal Topics
Internal Flight Alternative, Female Genital Mutilation, Persecution, State Protection, Criminal Organizations (mungiki)
Source Language
English
Refugee Law Immigration Human Rights Gender Based Violence Internal Flight Alternative Female Genital Mutilation Persecution State Protection +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (convention Refugee Claim) / Refugee Appeal Division Decision (substitution)

Legal Issues

  1. 1 Whether the RPD erred in finding a viable Internal Flight Alternative in Mombasa
  2. 2 Whether the appellant faces a serious possibility of persecution based on gender if returned to Kenya
  3. 3 Whether state protection is adequate

Ratio Decidendi

The RPD erred in finding a viable IFA in Mombasa; considering evidence of Mungiki presence beyond central Kenya, documented Mungiki links to police and politicians, and unchallenged evidence that the appellant was reported missing so entry could be flagged, relocation within Kenya would not avoid a serious possibility of gender-based persecution; accordingly the appellant is a Convention refugee.

Court Disposition

Appeal allowed; RAD substitutes decision that appellant is a Convention refugee.

Orders

  • Appeal allowed.
  • Substitute decision that Ms. XXXX XXXX XXXX is a Convention refugee.