TB8-23946

TB8-23946

The RAD, applying correctness review and independent analysis, confirmed the RPD: the Appellants failed to prove on a balance of probabilities that Port Harcourt would be unsafe or unreasonable as an internal flight alternative, there was no breach of natural justice, and the JG was properly applied; accordingly the Appellants are neither Convention refugees nor persons in need of protection.

Citation
TB8-23946
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision Under Irpa) / Reasons and Decision (rad Confirms RPD Decision)
Outcome
Appeal dismissed; RAD confirms RPD decision under paragraph 111(1)(a) of the IRPA.
Legal Topics
Internal Flight Alternative, Convention Refugee, Person in Need of Protection, Natural Justice, Credibility, Jurisprudential Guideline
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Person in Need of Protection Natural Justice Credibility +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision Under Irpa) / Reasons and Decision (rad Confirms RPD Decision)

Legal Issues

  1. 1 Whether the RPD breached natural justice by accepting police pursuit yet finding fear speculative
  2. 2 Whether the RPD erred in assessing risk from Nigerian police and alleged bribery
  3. 3 Whether the RPD erred in assessing Nigerian police communications capabilities

Ratio Decidendi

The RAD, applying correctness review and independent analysis, confirmed the RPD: the Appellants failed to prove on a balance of probabilities that Port Harcourt would be unsafe or unreasonable as an internal flight alternative, there was no breach of natural justice, and the JG was properly applied; accordingly the Appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD decision under paragraph 111(1)(a) of the IRPA.

Orders

  • Appeal dismissed; RAD confirms RPD decision under paragraph 111(1)(a) of the IRPA.