MC0-08894

MC0-08894

The RAD independently assessed the record, found the Principal Appellant credible and sufficiently corroborated by documentary evidence and new affidavit evidence, concluded state protection in Nigeria is inadequate and no viable internal flight alternative exists, allowed the appeal and substituted a finding that the Principal Appellant is a Convention refugee; the Associate Appellant's claim lacked sufficient individualized evidence and is remitted to the RPD for redetermination by a differently constituted panel.

Citation
MC0-08894
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 May 2021
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal With Substituted Determination and Remittal to RPD
Outcome
Appeal allowed in part: Principal Appellant found to be a Convention refugee; Associate Appellant's claim set aside and remitted to RPD for redetermination
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Gender Based Persecution, Domestic Violence, Admission of New Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Human Rights Evidence Law Credibility Assessment State Protection Internal Flight Alternative Gender Based Persecution +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal With Substituted Determination and Remittal to RPD

Legal Issues

  1. 1 Whether the Principal Appellant was credible
  2. 2 Whether adequate state protection was available in Nigeria
  3. 3 Whether an internal flight alternative in Nigeria was viable

Ratio Decidendi

The RAD independently assessed the record, found the Principal Appellant credible and sufficiently corroborated by documentary evidence and new affidavit evidence, concluded state protection in Nigeria is inadequate and no viable internal flight alternative exists, allowed the appeal and substituted a finding that the Principal Appellant is a Convention refugee; the Associate Appellant's claim lacked sufficient individualized evidence and is remitted to the RPD for redetermination by a differently constituted panel.

Court Disposition

Appeal allowed in part: Principal Appellant found to be a Convention refugee; Associate Appellant's claim set aside and remitted to RPD for redetermination

Orders

  • Substitute determination that Principal Appellant is a Convention refugee pursuant to IRPA s.96
  • Admit new affidavit evidence (affidavit of eldest son dated August 3, 2020) into the record