MC0 10435

MC0 10435

Although the RAD found that the RPD erred by applying a microscopic credibility analysis and failing to apply Guideline 4, the RAD independently concluded that the appellants have a viable internal flight alternative in Lagos where there is not a serious possibility of persecution and relocation would not be unreasonable; accordingly the appeal is dismissed and the appellants are neither Convention refugees nor persons in need of protection.

Citation
MC0 10435
Parties
Principal Appellant: XXXX XXXX XXXX; Eldest Minor Associate Appellant: XXXX XXXX; Minor Associate Appellant (us Citizen): XXXX XXXX XXXX; Tribunal Member: Me Miriam McLeod
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 March 2021
Procedural Posture
Refugee Appeal to the Refugee Appeal Division (rad) Under IRPA / Decision (appeal Heard; Reasons and Decision Rendered March 19, 2021)
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Internal Flight Alternative (ifa), Chairperson Guideline 4 Gender Related Persecution, Convention Refugee Determination, Family Separation, Prospective Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Gender Based Violence Credibility Assessment Internal Flight Alternative (ifa) Chairperson Guideline 4 Gender Related Persecution +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Eldest Minor Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant (us Citizen)

Me Miriam McLeod

Tribunal Member

Procedural Posture

Refugee Appeal to the Refugee Appeal Division (rad) Under IRPA / Decision (appeal Heard; Reasons and Decision Rendered March 19, 2021)

Legal Issues

  1. 1 Whether the RPD erred by failing to apply Chairperson Guideline 4 in assessing testimony of a woman alleging sexual assault
  2. 2 Whether the RPD's adverse credibility findings were tainted by microscopic analysis and factual misconstruction
  3. 3 Whether the appellants have a viable internal flight alternative in Lagos

Ratio Decidendi

Although the RAD found that the RPD erred by applying a microscopic credibility analysis and failing to apply Guideline 4, the RAD independently concluded that the appellants have a viable internal flight alternative in Lagos where there is not a serious possibility of persecution and relocation would not be unreasonable; accordingly the appeal is dismissed and the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed (decision dated March 19, 2021)
  • RAD decision confirms prior RPD decision that the appellants are neither Convention refugees nor persons in need of protection