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Sanno v. Canada ( Minister of Citizenship and Immigration )

IMM-2124-95

Tremblay-Lamer J.

25/4/96

8 pp.

Judicial review of CRDD decision applicant not Convention refugee-Applicant 24-year-old female citizen of The Gambia-Father severely beating her for refusing to cooperate with arranged marriage-As child, undergoing female genital mutilation with complicity of inhabitants of village-Marrying fellow countryman upon arrival in Canada-Board finding applicant having well-founded fear of persecution in village based on evidence of how women who refuse to cooperate with arranged marriages treated, but finding applicant having internal flight alternative (IFA) to urban area of Banjul where protection for women-Application allowed-Onus of proof on claimant to show on balance of probabilities serious possibility of persecution throughout country, including area alleged to afford IFA: Thirunavukkarasu v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 589 (C.A.)-Sole basis for Board's assessment claimant could reasonably find secure home in Banjul fact would be protected by husband-Board's conclusion incorrect in light of expert evidence concerning social, societal pressures on applicant if returned to The Gambia-Board speculating, contrary to evidence, applicant and husband able to break out of tribal structure, establish new life without interference of father, family, village-No evidence such situation possible, or husband willing, able to protect applicant-Not open to Board to draw inferences to this effect.

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