MB8-20485

MB8-20485

On the admitted record there is insufficient credible evidence that the agent of persecution has the capacity to locate and harm the appellants outside Benin City and, on a balance of probabilities, Lagos is an objectively reasonable internal flight alternative; therefore the RPD's decision that the appellants are neither Convention refugees nor persons in need of protection is correct and the appeal is dismissed.

Citation
MB8-20485
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 March 2020
Procedural Posture
Refugee Appeal / Final Decision (reasons)
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated September 5, 2018 confirmed.
Legal Topics
Internal Flight Alternative, New Evidence, Credibility, Standard of Review, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Asylum Internal Flight Alternative New Evidence Credibility Standard of Review Convention Refugee Determination

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Final Decision (reasons)

Legal Issues

  1. 1 Whether Lagos is a viable internal flight alternative (IFA)
  2. 2 Whether the agent of persecution has the capacity to locate appellants outside Benin City
  3. 3 Admissibility and probative value of new evidence

Ratio Decidendi

On the admitted record there is insufficient credible evidence that the agent of persecution has the capacity to locate and harm the appellants outside Benin City and, on a balance of probabilities, Lagos is an objectively reasonable internal flight alternative; therefore the RPD's decision that the appellants are neither Convention refugees nor persons in need of protection is correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated September 5, 2018 confirmed.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated September 5, 2018 is confirmed