TB9-23847

TB9-23847

The appeal is dismissed because the RAD independently found the RPD's credibility and documentary findings reasonable and central to the claims, and alternatively that viable internal flight alternatives exist in Lagos, Abuja or Benin City; procedural fairness was not breached and the Appellants did not meet their burden to establish a well‑founded fear of persecution or need for protection.

Citation
TB9-23847
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Witness: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 January 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of Refugee Protection Division Decision) / Reasons for Decision Appeal Dismissed
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Procedural Fairness, Religious Persecution, Political Persecution, Documentary Corroboration, Child and Gender Guidelines
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Procedural Fairness Religious Persecution Political Persecution +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Witness

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of Refugee Protection Division Decision) / Reasons for Decision Appeal Dismissed

Legal Issues

  1. 1 Whether the RPD breached procedural fairness
  2. 2 Whether the RPD made erroneous credibility findings
  3. 3 Whether past events were improperly used instead of forward‑looking analysis

Ratio Decidendi

The appeal is dismissed because the RAD independently found the RPD's credibility and documentary findings reasonable and central to the claims, and alternatively that viable internal flight alternatives exist in Lagos, Abuja or Benin City; procedural fairness was not breached and the Appellants did not meet their burden to establish a well‑founded fear of persecution or need for protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; decision of the Refugee Protection Division confirmed