VB9-03299

VB9-03299

The RPD erred by making a veiled credibility/implausibility finding about how the persecutor located the appellants; on correct assessment the appellants cannot safely relocate to Abuja so the IFA fails and the Principal and Minor Appellants are persons in need of protection; the American Minor Appellant's appeal is dismissed because he advanced no claim against the USA.

Citation
VB9-03299
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX; American Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons for Decision (decision on Appeal)
Outcome
Appeal allowed in part; Principal Appellant and Minor Appellant found to be persons in need of protection; American Minor Appellant's appeal dismissed.
Legal Topics
Internal Flight Alternative, Credibility Findings, New Evidence, Convention Refugee Status, Protection Claim
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Internal Flight Alternative Credibility Findings New Evidence Convention Refugee Status +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

American Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons for Decision (decision on Appeal)

Legal Issues

  1. 1 Whether RPD's credibility assessment was a veiled and unreasonable finding
  2. 2 Whether Abuja is a safe Internal Flight Alternative (IFA)
  3. 3 Admissibility of new evidence under s.110(4) IRPA

Ratio Decidendi

The RPD erred by making a veiled credibility/implausibility finding about how the persecutor located the appellants; on correct assessment the appellants cannot safely relocate to Abuja so the IFA fails and the Principal and Minor Appellants are persons in need of protection; the American Minor Appellant's appeal is dismissed because he advanced no claim against the USA.

Court Disposition

Appeal allowed in part; Principal Appellant and Minor Appellant found to be persons in need of protection; American Minor Appellant's appeal dismissed.

Orders

  • Substitute decision that the Principal Appellant and Minor Appellant are persons in need of protection
  • Dismiss the American Minor Appellant's appeal