VB9-09330

VB9-09330

The RAD concluded the appellants failed to prove, on a balance of probabilities, that Abuja or Port Harcourt are unsafe or unreasonably harsh IFAs given the decline in Ogboni influence, lack of corroboration for the alleged murder, cessation of threats, and available evidence on language, employment and social services; therefore the RPD decision that the appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
VB9-09330
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Son: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 August 2020
Procedural Posture
Refugee Appeal (appeal From Refugee Protection Division) / Decision on Appeal (reasons)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Credibility, Burden of Proof, Country Conditions, Indigeneship, Gender Issues
Source Language
English
Immigration and Refugee Law Refugee Protection Administrative Law Internal Flight Alternative Convention Refugee Status Credibility Burden of Proof Country Conditions +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Son

Procedural Posture

Refugee Appeal (appeal From Refugee Protection Division) / Decision on Appeal (reasons)

Legal Issues

  1. 1 Whether the Appellants were given adequate notice that IFA would be raised and that Abuja and Port Harcourt were proposed IFAs
  2. 2 Whether Abuja or Port Harcourt constitute viable internal flight alternatives under the two‑prong IFA test
  3. 3 Whether the Ogboni cult has the means and motivation to locate and persecute the Appellants in the proposed IFAs

Ratio Decidendi

The RAD concluded the appellants failed to prove, on a balance of probabilities, that Abuja or Port Harcourt are unsafe or unreasonably harsh IFAs given the decline in Ogboni influence, lack of corroboration for the alleged murder, cessation of threats, and available evidence on language, employment and social services; therefore the RPD decision that the appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision confirmed that the appellants are neither Convention refugees nor persons in need of protection