MB9-13091

MB9-13091

Kano, Nigeria is a viable internal flight alternative because the appellants failed to show a serious possibility of individualized persecution there or that relocation would be unreasonable in all the circumstances; therefore they are not Convention refugees nor persons in need of protection, and the U.S. citizen minor has no claim as no fear of the U.S. was alleged.

Citation
MB9-13091
Parties
Appellant (parent): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons)
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Gender Based Persecution, Female Genital Mutilation, Burden of Proof, Country Condition Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Gender Based Persecution Female Genital Mutilation Burden of Proof +1 more

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Parties

XXXX XXXX XXXX

Appellant (parent)

XXXX XXXX XXXX XXXX

Appellant (minor)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons)

Legal Issues

  1. 1 Whether Kano, Nigeria is a viable internal flight alternative for the appellants
  2. 2 Whether the appellants face a serious possibility of persecution or risk of torture/cruel and unusual treatment in Kano
  3. 3 Whether it is unreasonable in all the circumstances for the appellants to relocate to Kano

Ratio Decidendi

Kano, Nigeria is a viable internal flight alternative because the appellants failed to show a serious possibility of individualized persecution there or that relocation would be unreasonable in all the circumstances; therefore they are not Convention refugees nor persons in need of protection, and the U.S. citizen minor has no claim as no fear of the U.S. was alleged.

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed and RPD decision confirmed; no grant of refugee protection or protection as a person in need of protection