MB9-29985

MB9-29985

The appeals were dismissed because the Tribunal found the male appellant's account not credible and the evidence did not establish, on a balance of probabilities, a real risk from the alleged avenger or the criminal group on return to Nigeria; the female appellant's medical condition did not amount to a serious possibility of persecution and the children raised no risk regarding their U.S. citizenship.

Citation
MB9-29985
Parties
Male Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX; Minor Child Appellant: XXXX XXXX XXXX; Minor Child Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision Issued March 9, 2020
Outcome
Appeals dismissed
Legal Topics
Credibility Assessment, Risk of Persecution, Stigmatization, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Risk of Persecution Stigmatization Standard of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Male Appellant

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Child Appellant

XXXX XXXX XXXX XXXX

Minor Child Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision Issued March 9, 2020

Legal Issues

  1. 1 Whether the son of the deceased patient would pursue the appellants to avenge his mother and thus pose a risk of persecution on return to Nigeria
  2. 2 Whether the female appellant would face a serious possibility of persecution due to stigma arising from her medical condition

Ratio Decidendi

The appeals were dismissed because the Tribunal found the male appellant's account not credible and the evidence did not establish, on a balance of probabilities, a real risk from the alleged avenger or the criminal group on return to Nigeria; the female appellant's medical condition did not amount to a serious possibility of persecution and the children raised no risk regarding their U.S. citizenship.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed