MB8-19120

MB8-19120

The RAD admitted post‑decision independent newspaper articles that, on a balance of probabilities, demonstrated increased resolve and means by Fulani herdsmen to locate and target the Principal Appellant (including naming him in national media), which vitiates the availability of an Internal Flight Alternative in Lagos; nexus to Convention grounds (persecution as a leader and family membership) and lack of state protection were established; therefore the RAD set aside the RPD decision and substituted its own determination that the appellants are Convention refugees.

Citation
MB8-19120
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 November 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)
Outcome
Appeal allowed; RPD determination set aside and substituted: appellants are Convention refugees.
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Credibility Assessment, State Protection, Convention Refugee Determination, Oral Hearing Request
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Admissibility of New Evidence Credibility Assessment State Protection Convention Refugee Determination +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Admissibility of post‑decision news articles and affidavit as new evidence under s.110(4) IRPA and Rule 29 RAD Rules
  2. 2 Whether there is a serious possibility of persecution in the proposed Internal Flight Alternative (Lagos)
  3. 3 Whether nexus to a Convention ground is established

Ratio Decidendi

The RAD admitted post‑decision independent newspaper articles that, on a balance of probabilities, demonstrated increased resolve and means by Fulani herdsmen to locate and target the Principal Appellant (including naming him in national media), which vitiates the availability of an Internal Flight Alternative in Lagos; nexus to Convention grounds (persecution as a leader and family membership) and lack of state protection were established; therefore the RAD set aside the RPD decision and substituted its own determination that the appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD determination set aside and substituted: appellants are Convention refugees.

Orders

  • Set aside the Refugee Protection Division determination and substitute the RAD determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.
  • Admit documents i), l) and m) as new evidence; refuse admission of documents a) through h), j) and k) as new evidence.