TB9-09621

TB9-09621

On an independent review the RAD found, on the balance of probabilities, that Abuja constituted a viable internal flight alternative because the appellants failed to show a serious possibility of persecution there and relocation would not be unreasonable given the objective country evidence, the appellant's education, employment prospects and social supports; accordingly the RPD decision denying refugee protection was confirmed.

Citation
TB9-09621
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for the Persons: Orr Kolesnik; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 August 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision Issued (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Credibility Assessment, Country Condition Analysis, Risk Assessment Under Ss.96 and 97 IRPA
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Persecution Internal Flight Alternative Female Genital Mutilation (fgm) Credibility Assessment Country Condition Analysis +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Designated Representative

Orr Kolesnik

Counsel for the Persons

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision Issued (reasons for Decision)

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) exists in Nigeria (Abuja)
  2. 2 Whether there is a serious possibility of persecution in the proposed IFA
  3. 3 Whether relocation to the IFA would be unreasonable in all the circumstances

Ratio Decidendi

On an independent review the RAD found, on the balance of probabilities, that Abuja constituted a viable internal flight alternative because the appellants failed to show a serious possibility of persecution there and relocation would not be unreasonable given the objective country evidence, the appellant's education, employment prospects and social supports; accordingly the RPD decision denying refugee protection was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act