TB7-24814

TB7-24814

The RAD found that the Principal Appellant and her daughter face a serious possibility of persecution throughout Nigeria from the husband/chief, state protection is not available, and Benin City is not a viable IFA; therefore the RAD set aside the RPD decision and substituted a finding that the Principal Appellant and daughter are Convention refugees. The RAD rejected the new hospital letter as inadmissible and denied an oral hearing; the son does not face a serious possibility of persecution and his appeal is dismissed.

Citation
TB7-24814
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant (daughter): XXXX XXXX XXXX; Minor Appellant (son): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 July 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution and Confirmation)
Outcome
Appeal allowed in part: RAD substitutes its own decision recognizing the Principal Appellant and her daughter as Convention refugees; appeal dismissed for the son.
Legal Topics
Internal Flight Alternative, State Protection, Convention Refugee Determination, Admissibility of New Evidence, Oral Hearing Entitlement, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative State Protection Convention Refugee Determination Admissibility of New Evidence Oral Hearing Entitlement +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant (daughter)

XXXX XXXX XXXX

Minor Appellant (son)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution and Confirmation)

Legal Issues

  1. 1 Whether the Principal Appellant and child with Down syndrome are Convention refugees
  2. 2 Whether an internal flight alternative (IFA) exists in Benin City or elsewhere in Nigeria
  3. 3 Whether state protection is available to the Appellants

Ratio Decidendi

The RAD found that the Principal Appellant and her daughter face a serious possibility of persecution throughout Nigeria from the husband/chief, state protection is not available, and Benin City is not a viable IFA; therefore the RAD set aside the RPD decision and substituted a finding that the Principal Appellant and daughter are Convention refugees. The RAD rejected the new hospital letter as inadmissible and denied an oral hearing; the son does not face a serious possibility of persecution and his appeal is dismissed.

Court Disposition

Appeal allowed in part: RAD substitutes its own decision recognizing the Principal Appellant and her daughter as Convention refugees; appeal dismissed for the son.

Orders

  • Pursuant to s.111(1)(b) IRPA set aside the RPD determination and substitute a determination that the Principal Appellant and her daughter are Convention refugees
  • Pursuant to s.111(1)(a) IRPA confirm the RPD decision dismissing the son's claim (appeal dismissed)