VB9-07244

VB9-07244

The RPD erred by concluding State protection was adequate regarding threats from the Hausa buyers without addressing cogent National Documentation Package evidence demonstrating the Nigerian Police Force's operational deficiencies and endemic corruption; accordingly the RAD allowed the appeal in part and referred the matter to the RPD for re‑determination by a differently constituted Panel pursuant to s.111(1)(c) IRPA.

Citation
VB9-07244
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 January 2020
Procedural Posture
Refugee Appeal (rad) Under Immigration and Refugee Protection Act / Decision on Appeal: Allowed in Part and Matter Referred to RPD for Re Determination by a Differently Constituted Panel
Outcome
Appeal allowed in part; matter referred to the Refugee Protection Division for re-determination by a differently constituted Panel pursuant to s.111(1)(c) IRPA.
Legal Topics
State Protection, Admission of New Evidence, Standard of Review, Referral for Re Determination, Operational Adequacy of Police
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Admission of New Evidence Standard of Review Referral for Re Determination Operational Adequacy of Police

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad) Under Immigration and Refugee Protection Act / Decision on Appeal: Allowed in Part and Matter Referred to RPD for Re Determination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether adequate State protection was available in Nigeria for threats from Hausa buyers
  2. 2 Whether the RPD properly considered National Documentation Package evidence and assessed operational adequacy of the Nigerian Police Force
  3. 3 Whether new evidence was properly tendered and whether an oral hearing should be held

Ratio Decidendi

The RPD erred by concluding State protection was adequate regarding threats from the Hausa buyers without addressing cogent National Documentation Package evidence demonstrating the Nigerian Police Force's operational deficiencies and endemic corruption; accordingly the RAD allowed the appeal in part and referred the matter to the RPD for re‑determination by a differently constituted Panel pursuant to s.111(1)(c) IRPA.

Court Disposition

Appeal allowed in part; matter referred to the Refugee Protection Division for re-determination by a differently constituted Panel pursuant to s.111(1)(c) IRPA.

Orders

  • Refer matter to the Refugee Protection Division for re-determination by a differently constituted Panel.
  • Do not admit any new evidence; no oral hearing as no compliant new evidence was filed.