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Immigration law MC0-02958

MC0-02958

Court
Refugee Appeal Division

The RAD found that the RPD erred in rejecting the appellants' testimony solely because it conflicted with generalized objective evidence, admitted new expert evidence corroborating the principal appellant's account, concluded the Nigerian appellants (principal and her daughters) are credible and face a well-founded fear of persecution by reason of membership in the particular social group 'women at risk of FGM/C', and substituted the RPD's determination to grant refugee status to the Nigerian appellants while dismissing the appeal for the United States citizen child.

Source excerpt

  • Female genital mutilation/cutting (fgm/c)
  • Credibility assessment
  • State protection
  • Particular social group
  • Family unity
  • Internal flight alternative
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Immigration law MC0-08685

MC0-08685

Court
Refugee Appeal Division

The RAD found the RPD erred in its credibility analysis by overemphasizing delay and an omission about a visa attempt, failing to meaningfully consider supporting documents and the psychological report, and failing to assess the appellants' risk under section 97; the appeal is allowed and the matter is remitted to a differently constituted RPD panel for a more fulsome hearing and redetermination addressing specified gaps.

Source excerpt

  • Credibility assessment
  • Female genital mutilation/cutting (fgm/c)
  • Section 97 risk to life
  • Supporting evidence
  • Remand for redetermination
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Immigration MC0-05552

MC0-05552

Court
Refugee Appeal Division

The RPD erred by relying almost exclusively on a CBSA Arabic‑speaker's report despite established interpreter issues and by failing to apply Chairperson's Guidelines 4 and to consider objective country evidence; given the objective evidence that women and girls in Chad face widespread FGM/C, child marriage and systemic discrimination with ineffective state protection, the appellants face a serious possibility of persecution and are Convention refugees.

Source excerpt

  • Female genital mutilation/cutting (fgm/c)
  • Child marriage
  • Particular social group - women
  • Credibility assessment
  • State protection
  • Chairperson's guidelines 4
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Immigration law TB9-08470

TB9-08470

Court
Refugee Appeal Division

The appeal is dismissed because the RAD correctly concluded, on the balance of probabilities, that Port Harcourt is an available and reasonable internal flight alternative: the Appellant failed to establish a serious possibility of persecution there or that agents of persecution could locate him through phones, banking systems or bribery; most new evidence was either not new or could have been presented earlier and did not raise credibility issues warranting a hearing; therefore the RPD's determination that the Appellant is neither a Convention refugee nor a person in need of protection is up…

Source excerpt

  • Convention refugee determination
  • Internal flight alternative (ifa)
  • Female genital mutilation/cutting (fgm/c)
  • Credibility assessment
  • Admission of new evidence
  • State protection
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Immigration law MB9-03474

MB9-03474

Court
Refugee Appeal Division

The RAD accepted the new affidavit evidence demonstrating that the agents of persecution retained the means and motivation to locate and harm the Appellants in the proposed IFA cities, concluding Port Harcourt and Abuja are not viable IFAs; combined with the established nexus (female children at risk of FGM/C and parents opposing it) and lack of operational state protection in Nigeria, the Appellants' refugee claims are well founded and the appeal is allowed with a substituted decision granting Convention refugee status.

Source excerpt

  • Internal flight alternative (ifa)
  • Female genital mutilation/cutting (fgm/c)
  • Admissibility of new evidence
  • State protection
  • Particular social group
  • Credibility assessment
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.