TB9-29109

TB9-29109

The RAD found the RPD erred in adverse credibility and IFA findings; on independent assessment the appellants were credible, corroborated by documents, had well‑founded fear of persecution by the Niger Delta Avengers throughout Nigeria, lacked access to adequate state protection, and had no viable internal flight alternative; accordingly the RAD set aside the RPD decision and substituted a finding that the appellants are Convention refugees under s.111(1)(b) IRPA.

Citation
TB9-29109
Parties
Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 February 2020
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Decision on Appeal — RAD Substituted Determination Granting Refugee Protection
Outcome
Appeal allowed; RPD decision set aside and substituted: appellants are Convention refugees under section 111(1)(b) of the IRPA
Legal Topics
Credibility Assessment, Internal Flight Alternative, State Protection, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative State Protection Convention Refugee Determination

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Decision on Appeal — RAD Substituted Determination Granting Refugee Protection

Legal Issues

  1. 1 Whether the RPD made erroneous adverse credibility findings
  2. 2 Whether a viable internal flight alternative (IFA) in Abuja existed
  3. 3 Whether adequate state protection was available

Ratio Decidendi

The RAD found the RPD erred in adverse credibility and IFA findings; on independent assessment the appellants were credible, corroborated by documents, had well‑founded fear of persecution by the Niger Delta Avengers throughout Nigeria, lacked access to adequate state protection, and had no viable internal flight alternative; accordingly the RAD set aside the RPD decision and substituted a finding that the appellants are Convention refugees under s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellants are Convention refugees under section 111(1)(b) of the IRPA

Orders

  • Allow appeals and set aside the Refugee Protection Division decision dated September 26, 2019
  • Substitute the determination that the appellants are Convention refugees pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act