TB1-06383

TB1-06383

Although the claimant did not establish a nexus to a Convention ground under section 96, the panel found on the balance of probabilities under section 97(1)(b) that the claimant faces a real risk to life or cruel and unusual treatment in Nigeria due to the cumulative effect of his family lineage, past political activity and past attacks, that no reasonable internal flight alternative exists, and that state protection is unavailable; therefore the claimant is a person in need of protection under section 97(1)(b).

Citation
TB1-06383
Parties
Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2012
Procedural Posture
Refugee Protection Claim (irpa) / Hearing and Decision (oral Decision May 17, 2012; Written Reasons July 27, 2012)
Outcome
Claim accepted; claimant found to be a person in need of protection under section 97(1)(b) of the Immigration and Refugee Protection Act.
Legal Topics
Section 96 (convention Refugee), Section 97 (need for Protection), Internal Flight Alternative, State Protection, Particular Social Group (family/son of Chief), Credibility, Exclusion (article 1 A), Identity
Source Language
English
Immigration Refugee Law Human Rights Section 96 (convention Refugee) Section 97 (need for Protection) Internal Flight Alternative State Protection Particular Social Group (family/son of Chief) +3 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa) / Hearing and Decision (oral Decision May 17, 2012; Written Reasons July 27, 2012)

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether claimant is a person in need of protection under section 97(1)(b) of IRPA
  3. 3 Whether an internal flight alternative is reasonable and available

Ratio Decidendi

Although the claimant did not establish a nexus to a Convention ground under section 96, the panel found on the balance of probabilities under section 97(1)(b) that the claimant faces a real risk to life or cruel and unusual treatment in Nigeria due to the cumulative effect of his family lineage, past political activity and past attacks, that no reasonable internal flight alternative exists, and that state protection is unavailable; therefore the claimant is a person in need of protection under section 97(1)(b).

Court Disposition

Claim accepted; claimant found to be a person in need of protection under section 97(1)(b) of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted; protection granted under section 97(1)(b) of the Immigration and Refugee Protection Act.