The applicants, a mother and her minor daughter from Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal and confirming they were neither Convention refugees nor persons in need of protection.
The determinative issue was the availability of an internal flight alternative (IFA) in Nigeria.
The Federal Court granted judicial review, finding the RAD's decision unreasonable.
The RAD misstated and misapplied the first prong of the IFA test by effectively requiring the applicants to prove the minor child would be forced to undergo female genital mutilation, rather than assessing the risk on a balance of probabilities.
The RAD also erred on the second prong by failing to consider all relevant circumstances, including evidence of poor law enforcement, and by asking whether medical care was available in Nigeria generally rather than in the specific proposed IFAs.
The decision was set aside and remitted for redetermination.
