MC0-09166

MC0-09166

The RPD erred in finding a reasonable IFA because the cumulative, particular and lifelong mental health needs (especially the son's severe autism and related needs), the scarcity and stigmatization of mental health services in Nigeria, and documented inhumane treatment make relocation to Port Harcourt unduly harsh; accordingly the appeal is allowed for the Nigerian appellants and they are substituted as Convention refugees, while the US‑born appellant's claim is dismissed because she can seek protection in the United States.

Citation
MC0-09166
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (wife): XXXX XXXX XXXX; Associate Appellant (son): XXXX XXXX XXXX; Associate Appellant (us Citizen Daughter): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Decision
Outcome
Appeal allowed in part; substituted decision that the Principal Appellant and Nigerian‑born Associate Appellants are Convention refugees; appeal dismissed for the US‑born Associate Appellant
Legal Topics
Internal Flight Alternative, Refugee Protection, New Evidence, Psychological Evidence, State Protection, Family Unity
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Mental Health Law Internal Flight Alternative Refugee Protection New Evidence +3 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (wife)

XXXX XXXX XXXX

Associate Appellant (son)

XXXX XXXX XXXX

Associate Appellant (us Citizen Daughter)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in finding a safe and reasonable internal flight alternative (IFA) in Port Harcourt
  2. 2 Whether psychological evidence (including autism diagnosis) must be given effect in assessing reasonableness of IFA
  3. 3 Whether the US‑born child can be considered at risk in the US or can seek protection there

Ratio Decidendi

The RPD erred in finding a reasonable IFA because the cumulative, particular and lifelong mental health needs (especially the son's severe autism and related needs), the scarcity and stigmatization of mental health services in Nigeria, and documented inhumane treatment make relocation to Port Harcourt unduly harsh; accordingly the appeal is allowed for the Nigerian appellants and they are substituted as Convention refugees, while the US‑born appellant's claim is dismissed because she can seek protection in the United States.

Court Disposition

Appeal allowed in part; substituted decision that the Principal Appellant and Nigerian‑born Associate Appellants are Convention refugees; appeal dismissed for the US‑born Associate Appellant

Orders

  • Appeal allowed regarding the Principal Appellant and Nigerian‑born Associate Appellants and substituted decision that they are Convention refugees
  • Appeal dismissed regarding the Associate Appellant who is a US citizen