TB9-19011

TB9-19011

The RAD dismissed the appeal because the appellants failed to prove on a balance of probabilities that Abuja is not a viable IFA: they produced no concrete evidence that the Associate Appellant's family or Sango cult had the means or influence to locate or persecute them in Abuja, and factors relied on (financial hardship, age, religion, mental health, indigeneship, language) did not render relocation to Abuja unduly harsh or unreasonable; therefore the RPD's finding that they are neither Convention refugees nor persons in need of protection was confirmed.

Citation
TB9-19011
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 December 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Female Genital Mutilation, Credibility Findings, Natural Justice, Mental Health in Refugee Claims, Bias
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Female Genital Mutilation Credibility Findings Natural Justice +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the appellants have a viable internal flight alternative (IFA) in Abuja
  2. 2 Whether the RPD erred in assessing evidence and providing a reasoned examination of conditions in the IFA
  3. 3 Whether the RPD was biased or breached natural justice

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to prove on a balance of probabilities that Abuja is not a viable IFA: they produced no concrete evidence that the Associate Appellant's family or Sango cult had the means or influence to locate or persecute them in Abuja, and factors relied on (financial hardship, age, religion, mental health, indigeneship, language) did not render relocation to Abuja unduly harsh or unreasonable; therefore the RPD's finding that they are neither Convention refugees nor persons in need of protection was confirmed.

Court Disposition

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

Orders

  • The Refugee Appeal Division dismisses the appeal and confirms the Refugee Protection Division decision pursuant to section 111(1)(a) of the IRPA