MC0-10414

MC0-10414

The appeal is dismissed because the Principal Appellant is excluded from refugee protection under section 1F(a) as there are serious reasons for considering he voluntarily, knowingly and significantly contributed to crimes against humanity by coordinating and providing intelligence to the SARS (resulting in killings and arrests), and the Associate Appellant fails to establish that Abuja is not a viable internal flight alternative.

Citation
MC0-10414
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Counsel for the Persons Who Are the Subject of the Appeal: Kingsley I. Jesuorobo; Counsel for the Minister: N/A; Tribunal Panel Member / Decision Maker: Cheryl Braden
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 May 2021
Procedural Posture
Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Exclusion From Refugee Protection (section 1 F(a)), Complicity in Crimes Against Humanity, Internal Flight Alternative (ifa), Evidentiary Standards ('serious Reasons for Considering'), Duress Defence, Application of Gender Guidelines, Indigeneship and Relocation
Source Language
English
Immigration Refugee Law International Criminal Law Human Rights Law Exclusion From Refugee Protection (section 1 F(a)) Complicity in Crimes Against Humanity Internal Flight Alternative (ifa) Evidentiary Standards ('serious Reasons for Considering') +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Kingsley I. Jesuorobo

Counsel for the Persons Who Are the Subject of the Appeal

N/A

Counsel for the Minister

Cheryl Braden

Tribunal Panel Member / Decision Maker

Procedural Posture

Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (reasons and Decision)

Legal Issues

  1. 1 Whether the Principal Appellant is excluded from refugee protection under section 1F(a) for complicity in crimes against humanity committed by the SARS/NPF
  2. 2 Whether the NPF and SARS have committed crimes against humanity
  3. 3 Whether the Principal Appellant's contribution was voluntary, knowing and significant under Ezokola

Ratio Decidendi

The appeal is dismissed because the Principal Appellant is excluded from refugee protection under section 1F(a) as there are serious reasons for considering he voluntarily, knowingly and significantly contributed to crimes against humanity by coordinating and providing intelligence to the SARS (resulting in killings and arrests), and the Associate Appellant fails to establish that Abuja is not a viable internal flight alternative.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Principal Appellant excluded from refugee protection under section 1F(a) of the Refugee Convention
  • Associate Appellant found to have a viable internal flight alternative in Abuja and not in need of international protection