MB9-25582

MB9-25582

The RPD erred in finding a viable IFA; given the appellants' credible evidence of targeted, family-based threats over disputed ancestral land, inadequate police protection, evidence of murders of relatives, and the impact of indigeneity and security conditions on relocation, both appellants are persons in need of protection under section 97 of IRPA and the RPD decision is reversed pursuant to paragraph 111(1)(b) of IRPA.

Citation
MB9-25582
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 June 2020
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal allowed; decision of the Refugee Protection Division reversed; appellants determined to be persons in need of protection under section 97 of IRPA
Legal Topics
Internal Flight Alternative, State Protection, Persecution, Family Violence, Indigeneity, Witchcraft Allegations
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Internal Flight Alternative State Protection Persecution Family Violence +2 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 4 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the RPD made erroneous findings of fact
  2. 2 Whether relevant evidence was not considered
  3. 3 Whether the RPD misapplied jurisprudential guidance for Nigeria

Ratio Decidendi

The RPD erred in finding a viable IFA; given the appellants' credible evidence of targeted, family-based threats over disputed ancestral land, inadequate police protection, evidence of murders of relatives, and the impact of indigeneity and security conditions on relocation, both appellants are persons in need of protection under section 97 of IRPA and the RPD decision is reversed pursuant to paragraph 111(1)(b) of IRPA.

Court Disposition

Appeal allowed; decision of the Refugee Protection Division reversed; appellants determined to be persons in need of protection under section 97 of IRPA

Orders

  • Reverse the decision of the Refugee Protection Division dated October 21, 2019
  • Determine the Principal Appellant and Associate Appellant are persons in need of protection pursuant to section 97 of the Immigration and Refugee Protection Act