TB6-01803

TB6-01803

The RAD confirmed the RPD: the male appellant is an excluded person under Article 1F(b)/section 98 IRPA based on credible evidence of a prior US conviction for credit card fraud and attendant sentence and restitution; the remaining appellants failed to establish on a balance of probabilities that they would be traced, found or persecuted in the identified internal flight alternatives (Abuja or Port Harcourt) given lack of corroboration about the agents of persecution, implausibility of nationwide pursuit and evidence about limitations of Nigerian police; psychological assessment lacked probative value to defeat IFA; accordingly the RPD decision was correct and the RAD dismissed the appeal...

Citation
TB6-01803
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse / Male Appellant: XXXX XXXX; Minor Appellant (nigerian): XXXX XXXX XXXX; Minor Appellant (united States Citizen): XXXX XXXX XXXX; Respondent Minister: Canada (Minister)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 June 2016
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on RAD Appeal Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Article 1 F(b) Exclusion, Internal Flight Alternative (ifa), Female Genital Mutilation (fgm), Credibility and Corroboration, Psychological Assessment, Standard of Review and Jurisdiction, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Criminal Exclusion Human Rights Article 1 F(b) Exclusion Internal Flight Alternative (ifa) Female Genital Mutilation (fgm) Credibility and Corroboration +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse / Male Appellant

XXXX XXXX XXXX

Minor Appellant (nigerian)

XXXX XXXX XXXX

Minor Appellant (united States Citizen)

Canada (Minister)

Respondent Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on RAD Appeal Confirming RPD Decision

Legal Issues

  1. 1 Whether the male appellant is excluded from refugee protection under Article 1F(b) for serious non-political crime
  2. 2 Whether the principal appellant and minor appellants have a viable internal flight alternative in Nigeria (Abuja or Port Harcourt)
  3. 3 Whether the RPD erred in its credibility and corroboration analysis and in applying IFA jurisprudence and guidelines

Ratio Decidendi

The RAD confirmed the RPD: the male appellant is an excluded person under Article 1F(b)/section 98 IRPA based on credible evidence of a prior US conviction for credit card fraud and attendant sentence and restitution; the remaining appellants failed to establish on a balance of probabilities that they would be traced, found or persecuted in the identified internal flight alternatives (Abuja or Port Harcourt) given lack of corroboration about the agents of persecution, implausibility of nationwide pursuit and evidence about limitations of Nigerian police; psychological assessment lacked probative value to defeat IFA; accordingly the RPD decision was correct and the RAD dismissed the appeal...

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • Male appellant found excluded from refugee protection under Article 1F(b) and section 98 IRPA