TB7-11821

TB7-11821

The RAD confirmed the RPD: most tendered country condition articles were inadmissible under s.110(4) IRPA; the articles admitted did not establish that the specific militants feared could locate or harm the Appellants in Lagos; Lagos is a safe and reasonable internal flight alternative given the family's history and means there; no serious credibility issue was raised and no oral hearing was warranted; therefore the RPD correctly rejected the refugee and s.97 protection claims and the appeal is dismissed.

Citation
TB7-11821
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 January 2018
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division; Decision on Admissibility of New Evidence, Request for Oral Hearing, and Internal Flight Alternative Issue (final Determination)
Outcome
Appeal dismissed; RPD determination confirmed that Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Admissibility of Evidence on Appeal, Convention Refugee Determination, Section 97 Protection, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Admissibility of Evidence on Appeal Convention Refugee Determination Section 97 Protection Standard of Review

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division; Decision on Admissibility of New Evidence, Request for Oral Hearing, and Internal Flight Alternative Issue (final Determination)

Legal Issues

  1. 1 Admissibility of new evidence under subsection 110(4) IRPA
  2. 2 Whether Lagos constitutes a safe internal flight alternative (IFA)
  3. 3 Whether Lagos is a reasonable IFA

Ratio Decidendi

The RAD confirmed the RPD: most tendered country condition articles were inadmissible under s.110(4) IRPA; the articles admitted did not establish that the specific militants feared could locate or harm the Appellants in Lagos; Lagos is a safe and reasonable internal flight alternative given the family's history and means there; no serious credibility issue was raised and no oral hearing was warranted; therefore the RPD correctly rejected the refugee and s.97 protection claims and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed that Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD determination confirmed
  • New evidence: four articles admitted; remaining tendered articles inadmissible under s.110(4) IRPA