MB9-29226

MB9-29226

The appeal is dismissed because, on independent review, the RAD found the RPD correctly applied applicable law and evidence to conclude that the appellants failed to rebut, on a balance of probabilities, a viable internal flight alternative in Lagos, Ibadan, Benin City and Port Harcourt; documentary country evidence showed the non‑state actors (Boko Haram) are active in the northeast and the appellants did not demonstrate that agents of persecution or extended family had the means and motivation to locate them in the proposed IFAs, nor that relocation there would be objectively unreasonable.

Citation
MB9-29226
Parties
Principal Appellant: Principal Appellant (name redacted); Associate Appellant: Associate Appellant (spouse) (name redacted); Associate Appellant: Associate Appellant (minor at time of claim) (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 January 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision of the Refugee Appeal Division (rad) on Appeal From the Refugee Protection Division (rpd)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed.
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Female Genital Mutilation (fgm), Use of Jurisprudential Guides
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Female Genital Mutilation (fgm) Use of Jurisprudential Guides

Case Brief

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Parties

Principal Appellant (name redacted)

Principal Appellant

Associate Appellant (spouse) (name redacted)

Associate Appellant

Associate Appellant (minor at time of claim) (name redacted)

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision of the Refugee Appeal Division (rad) on Appeal From the Refugee Protection Division (rpd)

Legal Issues

  1. 1 Whether the RPD unduly relied on Jurisprudential Guide TB7-19851
  2. 2 Whether a viable internal flight alternative (IFA) exists in Lagos, Ibadan, Benin City and Port Harcourt
  3. 3 Whether the appellants face persecution from non-state actors (Boko Haram/Islamic extremists) in proposed IFAs

Ratio Decidendi

The appeal is dismissed because, on independent review, the RAD found the RPD correctly applied applicable law and evidence to conclude that the appellants failed to rebut, on a balance of probabilities, a viable internal flight alternative in Lagos, Ibadan, Benin City and Port Harcourt; documentary country evidence showed the non‑state actors (Boko Haram) are active in the northeast and the appellants did not demonstrate that agents of persecution or extended family had the means and motivation to locate them in the proposed IFAs, nor that relocation there would be objectively unreasonable.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed.

Orders

  • Appeal dismissed; RPD decision confirmed