TB9-14013

TB9-14013

On the evidence admitted, the appellants failed to establish on a balance of probabilities that agents of persecution had the motivation or means to locate them in Abuja and that relocation to Abuja would be unreasonable; documentary sources and appellants' education and employment prospects rendered Abuja a viable IFA; the Minor Appellant faces no section 96 or 97 risk; admissible new evidence did not raise a serious credibility issue or alter the IFA conclusion; accordingly the appeal is dismissed and the RPD decision confirmed.

Citation
TB9-14013
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 October 2020
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (reasons Issued)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Credibility, Admissibility of New Evidence, Child Refugee Claims, State Protection, Oral Hearing Under S.110(6)
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Admissibility of New Evidence Child Refugee Claims State Protection +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (reasons Issued)

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (IFA) in Nigeria (Abuja or Port Harcourt)
  2. 2 Admissibility of new evidence on appeal under subsection 110(4) IRPA and RAD Rule 29
  3. 3 Whether agents of persecution have the means and motivation to find appellants in the IFA

Ratio Decidendi

On the evidence admitted, the appellants failed to establish on a balance of probabilities that agents of persecution had the motivation or means to locate them in Abuja and that relocation to Abuja would be unreasonable; documentary sources and appellants' education and employment prospects rendered Abuja a viable IFA; the Minor Appellant faces no section 96 or 97 risk; admissible new evidence did not raise a serious credibility issue or alter the IFA conclusion; accordingly the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision dated May 7, 2019, is confirmed