Canada Case Law

TC3-18412

Court

Refugee Appeal Division

PO’s account of being chosen as chief priest and an attempted kidnapping was corroborated by a genuine newspaper article and other evidence; the RPD’s adverse credibility findings rested on minor peripheral omissions and were unreasonable; given police corruption and the community’s motive and ability to find and punish the family, effective state protection and a safe internal flight alternative do not exist; therefore the family qualify as Convention refugees and the appeal is allowed by substitution.

Source excerpt

• Convention refugee status
• Credibility assessment
• State protection
• Internal flight alternative
• Religious persecution
• Female genital mutilation

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Chukwuemeka Ilo v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding the adverse credibility assessment and result reasonable under Vavilov.

• Credibility assessment
• Convention refugee claim
• Female genital mutilation
• Standard of review - reasonableness
• Judicial review of rad decisions
• Judicial-review

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2023 RLLR 176

Court

Royal Canadian Mounted Police Labour Relations

The claimant was accepted as a Convention refugee because objective, independent medical evidence established past severe gender-based violence (forced XXXX) and the Kenyan passport established her identity as a Kenyan; those facts create a nexus to the Convention ground of membership of a particular social group (women), state protection in Kenya was found ineffective, and no reasonable internal flight alternative exists, therefore the claimant has a well-founded fear of persecution under section 96.

Source excerpt

• Convention refugee
• Particular social group (women)
• Credibility and identity
• State protection
• Internal flight alternative
• Forced marriage

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Onukuba v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed this judicial review of a RAD decision in a Nigerian refugee claim, finding the credibility analysis, IFA findings, and fairness rulings reasonable.

• Refugee claim
• Internal flight alternative
• Female genital mutilation
• Credibility findings
• Bias and reasonable apprehension
• Standard of review

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Azike v. Canada (Citizenship and Imigration)

Court

Federal Court

The Federal Court dismissed an application for judicial review of a Refugee Appeal Division decision, upholding credibility findings and refusal to admit some new evidence.

• Refugee protection
• Judicial review
• Credibility findings
• Admission of new evidence
• Well-founded fear
• Female genital mutilation

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Azuka v. Canada (Citizenship and Immigration)

Court

Federal Court

Judicial review of a RAD refusal of refugee protection was dismissed. The Federal Court found the RAD reasonably assessed gender-based persecution claims and country conditions in Nigeria.

• Gender-based persecution
• Particular social group
• Judicial review - reasonableness
• Country conditions
• Female genital mutilation
• Judicial-review

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Fashuba v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court granted judicial review, finding the RAD’s Port Harcourt internal flight alternative analysis unreasonable and remitting the matter for redetermination.

• Internal flight alternative
• Convention refugee status
• Standard of review
• Credibility findings
• Country conditions
• Female genital mutilation

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Okodugha v. Canada (Citizenship and Immigration)

Court

Federal Court

Federal Court dismissed judicial review of a Refugee Appeal Division decision finding an internal flight alternative in Nigeria for a family fearing female genital mutilation.

• Internal flight alternative
• Female genital mutilation
• State protection
• Reasonableness review
• Internal-flight-alternative
• Female-genital-mutilation

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Abraham v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court dismissed a judicial review of a Refugee Appeal Division decision, upholding adverse credibility findings in a refugee claim based on forced marriage, FGM, and alleged bisexuality.

• Credibility assessment
• Judicial review
• Forced marriage
• Female genital mutilation
• Sexual orientation persecution
• Credibility-assessment

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Olusakin v. Canada (Immigration, Refugees and Citizenship)

Court

Federal Court

The Federal Court dismissed judicial review of a RAD decision upholding refusal of refugee protection, finding the Internal Flight Alternative analysis reasonable.

• Internal flight alternative
• Gender-related persecution
• Female genital mutilation
• Standard of review (reasonableness)
• Procedural fairness
• Psychiatric evidence in ifa analysis

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