TC1-01087

TC1-01087

The RAD dismissed the appeal because material omissions in the appellant's Basis of Claim undermined credibility, there was insufficient evidence linking the wealthy businessman to the 2018 assault, and on the balance of probabilities a viable IFA exists in Port Harcourt and/or Abuja, so the Appellants are neither Convention refugees nor persons in need of protection.

Citation
TC1-01087
Parties
Appellant Principal: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX; Appellant Co Claimant (spouse): XXXX XXXX XXXX; Appellant Dependent Child: XXXX XXXX XXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 November 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility, Convention Refugee, Person in Need of Protection, Standard of Review, Surrogate Protection
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Convention Refugee Person in Need of Protection Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Co Claimant (spouse)

XXXX XXXX XXXX

Appellant Dependent Child

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the principal Appellant was credible regarding threats and reporting to police
  2. 2 Whether the 2018 assault was orchestrated by the alleged wealthy agent of persecution
  3. 3 Whether a viable Internal Flight Alternative (IFA) exists in Port Harcourt and/or Abuja

Ratio Decidendi

The RAD dismissed the appeal because material omissions in the appellant's Basis of Claim undermined credibility, there was insufficient evidence linking the wealthy businessman to the 2018 assault, and on the balance of probabilities a viable IFA exists in Port Harcourt and/or Abuja, so the Appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the Appellants are neither Convention refugees nor persons in need of protection