TC1-05034

TC1-05034

The appeal is dismissed because, even accepting the Principal Appellant's identity on a balance of probabilities, the appellants failed to adduce sufficient credible, independent evidence that the perpetrators were members of the Black Axe (or to otherwise identify their agents of harm), and therefore failed to show those agents would have the means and motivation to find them in Abuja; moreover, Abuja satisfies both prongs of the IFA test and relocation there is not unreasonable in all the circumstances; consequently they are neither Convention refugees nor persons in need of protection.

Citation
TC1-05034
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (associate): XXXX XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 October 2021
Procedural Posture
Refugee Appeal (refugee Protection Division Decision) / Appeal Decision (refugee Appeal Division Reasons)
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated April 20, 2021 confirmed
Legal Topics
Internal Flight Alternative, Identity and Document Reliability, Credibility and Corroboration, New Evidence Admissibility, Convention Refugee Determination, Persons in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Identity and Document Reliability Credibility and Corroboration New Evidence Admissibility Convention Refugee Determination +1 more

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (associate)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Appeal (refugee Protection Division Decision) / Appeal Decision (refugee Appeal Division Reasons)

Legal Issues

  1. 1 Admissibility of post‑RPD new evidence under IRPA s.110(4) and s.110(6)
  2. 2 Whether the Principal Appellant established identity on the balance of probabilities
  3. 3 Whether the agents of persecution are the Black Axe and whether nexus to S.97(1)(b) exists

Ratio Decidendi

The appeal is dismissed because, even accepting the Principal Appellant's identity on a balance of probabilities, the appellants failed to adduce sufficient credible, independent evidence that the perpetrators were members of the Black Axe (or to otherwise identify their agents of harm), and therefore failed to show those agents would have the means and motivation to find them in Abuja; moreover, Abuja satisfies both prongs of the IFA test and relocation there is not unreasonable in all the circumstances; consequently they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated April 20, 2021 confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated April 20, 2021 confirmed