MC0-05393

MC0-05393

The appeal is allowed and remitted because the RPD failed to consider significant evidence and the Appellants' particular circumstances (including a PTSD diagnosis), made selective use of country documentation on the Ogboni society, ignored material inconsistencies and documentary corroboration, and did not pose necessary questions to resolve those issues; these errors preclude a correct disposition and require redetermination by a differently constituted RPD panel.

Citation
MC0-05393
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant (age 6): XXXX XXXX XXXX; Minor Appellant (age 4): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Remitted to RPD for Redetermination
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division to be redetermined by a differently constituted panel.
Legal Topics
Internal Flight Alternative, Credibility Assessment, New Evidence Admission, Remand for Redetermination, Psychological Evidence (ptsd), Persecution by Non State Actors
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment New Evidence Admission Remand for Redetermination Psychological Evidence (ptsd) +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant (age 6)

XXXX XXXX XXXX XXXX

Minor Appellant (age 4)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Remitted to RPD for Redetermination

Legal Issues

  1. 1 Whether the Appellants have a viable internal flight alternative in Abuja
  2. 2 Whether the RPD correctly assessed credibility and documentary inconsistencies
  3. 3 Whether new evidence should be admitted

Ratio Decidendi

The appeal is allowed and remitted because the RPD failed to consider significant evidence and the Appellants' particular circumstances (including a PTSD diagnosis), made selective use of country documentation on the Ogboni society, ignored material inconsistencies and documentary corroboration, and did not pose necessary questions to resolve those issues; these errors preclude a correct disposition and require redetermination by a differently constituted RPD panel.

Court Disposition

Appeal allowed; matter remitted to the Refugee Protection Division to be redetermined by a differently constituted panel.

Orders

  • Appeal allowed
  • Remit matter to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to IRPA s.111(1)(c)