TB9-05175

TB9-05175

On independent assessment the RAD accepted the Appellants' factual allegations but concluded, based on objective country evidence, that Boko Haram lacks the motivation and means to pursue the Appellants in Lagos or Ibadan and that relocation to those cities would not be unreasonable; accordingly a viable internal flight alternative exists and the appeal is dismissed under s.111(1)(a) IRPA because the Appellants are not Convention refugees or persons in need of protection.

Citation
TB9-05175
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision Following RPD Negative Determination
Outcome
Appeal dismissed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence on Appeal, Request for Oral Hearing, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence on Appeal Request for Oral Hearing Convention Refugee Determination

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX

Minor Child

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision Following RPD Negative Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility analysis
  2. 2 Whether the RPD erred in finding a viable internal flight alternative (IFA) in Nigeria
  3. 3 Admissibility of new evidence on appeal and request for an oral hearing

Ratio Decidendi

On independent assessment the RAD accepted the Appellants' factual allegations but concluded, based on objective country evidence, that Boko Haram lacks the motivation and means to pursue the Appellants in Lagos or Ibadan and that relocation to those cities would not be unreasonable; accordingly a viable internal flight alternative exists and the appeal is dismissed under s.111(1)(a) IRPA because the Appellants are not Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed

Orders

  • Negative determination of the RPD confirmed
  • Appeal dismissed pursuant to paragraph 111(1)(a) of the IRPA