VC0-01437

VC0-01437

The appeal is dismissed because, on independent assessment, the Appellants failed to establish a nexus to a Convention ground and failed to prove that Lagos is not a viable internal flight alternative: they did not show a serious possibility of persecution or a section 97 risk in Lagos and did not show that relocation there would be unreasonable in all the circumstances; accordingly the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
VC0-01437
Parties
Principal Appellant: Principal Appellant (name redacted); Associate Appellant: Associate Appellant (name redacted); Respondent Minister: Minister of Citizenship and Immigration (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 January 2021
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons Issued January 5, 2021)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Nexus, Credibility, Section 97 Risk, Burden of Proof, Jurisdiction and Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Nexus Credibility Section 97 Risk Burden of Proof +1 more

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Parties

Principal Appellant (name redacted)

Principal Appellant

Associate Appellant (name redacted)

Associate Appellant

Minister of Citizenship and Immigration (Respondent)

Respondent Minister

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons Issued January 5, 2021)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in finding an internal flight alternative (IFA) in Lagos
  2. 2 Whether the Appellants established a nexus to a Convention ground (section 96)
  3. 3 Whether the RPD's reasons were sufficiently transparent and intelligible

Ratio Decidendi

The appeal is dismissed because, on independent assessment, the Appellants failed to establish a nexus to a Convention ground and failed to prove that Lagos is not a viable internal flight alternative: they did not show a serious possibility of persecution or a section 97 risk in Lagos and did not show that relocation there would be unreasonable in all the circumstances; accordingly the RPD's 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
  • Confirm RPD decision that the Appellants are neither Convention refugees nor persons in need of protection