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Immigration law 2024 FC 1597

Onoriose v. Canada (Citizenship and Immigration)

The Federal Court granted judicial review of a RAD refugee decision, finding its treatment of an attempted kidnapping lacked a rational chain of analysis.

  • Credibility assessment
  • Risk of persecution
  • Female genital mutilation (fgm)
  • Attempted kidnapping
  • Standard of review - reasonableness
  • Corroboration of evidence
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Immigration MB8-27355

MB8-27355

The RAD allowed the appeal because the RPD's IFA finding failed the second Rasaratnam prong: relocation to Abuja or Calabar would be unreasonable in all the circumstances given the Principal Appellant's ongoing psychological injury, lack of familial and spousal support after her husband remained in Canada, economic and housing obstacles for a female‑headed household, and ineffective state protection; accordingly the RAD substituted a finding that the Appellants are Convention refugees.

  • Internal flight alternative
  • State protection
  • Admissibility of new evidence
  • Gender-based persecution
  • Fgm
  • Refugee determination
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