MB9-09571

MB9-09571

The RAD dismissed the appeal because the appellants failed to discharge their burden to show the RPD erred on the determinative issue of IFA: objective evidence and appellants' own testimony demonstrate the alleged agent of harm lacked proven means or motivation to target them in Abuja or Ibadan, and relocation there would not be unreasonable; accordingly the RPD correctly found they are neither Convention refugees nor persons in need of protection.

Citation
MB9-09571
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Refugee Protection Appeal Under IRPA / Decision (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Findings, Refugee Protection Claim, Convention Refugee, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Refugee Protection Claim Convention Refugee Procedural Fairness

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 5 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether appellants have a viable Internal Flight Alternative (IFA) in Abuja or Ibadan
  2. 2 Whether the RPD erred in its credibility findings
  3. 3 Whether relocation to the proposed IFAs would be unreasonable in all the circumstances

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to discharge their burden to show the RPD erred on the determinative issue of IFA: objective evidence and appellants' own testimony demonstrate the alleged agent of harm lacked proven means or motivation to target them in Abuja or Ibadan, and relocation there would not be unreasonable; accordingly the RPD correctly found they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and the decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection