MB9-10830

MB9-10830

Appeal dismissed: despite one isolated error by the RPD regarding physical possession versus legal ownership of the land, the RPD's adverse credibility findings were justified on the basis of the passport entry indicating a 2016 return to Nigeria, the Appellants' failure to claim asylum in the USA in 2017, and the absence of available corroborative evidence; expecting the PA to cede the disputed land was a reasonable option to avoid risk; the minor holds Nigerian nationality and therefore does not qualify for protection.

Citation
MB9-10830
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 September 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Corroboration, Internal Flight Alternative, Forfeiture of Property to Avoid Harm, Gender Related Persecution, Nationality of Minor
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Corroboration Internal Flight Alternative Forfeiture of Property to Avoid Harm Gender Related Persecution +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the Appellants' credibility
  2. 2 Whether it was reasonable for the RPD to expect the PA to relinquish her legal interest in land to avoid risk
  3. 3 Whether lack of corroborative evidence justified an adverse credibility finding

Ratio Decidendi

Appeal dismissed: despite one isolated error by the RPD regarding physical possession versus legal ownership of the land, the RPD's adverse credibility findings were justified on the basis of the passport entry indicating a 2016 return to Nigeria, the Appellants' failure to claim asylum in the USA in 2017, and the absence of available corroborative evidence; expecting the PA to cede the disputed land was a reasonable option to avoid risk; the minor holds Nigerian nationality and therefore does not qualify for protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed