TC2-27332

TC2-27332

The appellants failed to discharge their burden to show the proposed internal flight alternatives (Port Harcourt and Abuja) are not viable: there is insufficient evidence that agents of persecution have the means and motivation to locate them in those cities, objective evidence establishes available services and safety in those urban centres, and gender-based protections and Nigerian law against FGM do not render relocation unreasonable; therefore the appeal is dismissed and the RPD decision confirmed.

Citation
TC2-27332
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX; Counsel for the Persons Who Are the Subject of the Appeal: Linda Kassim; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 January 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Female Genital Mutilation/fgm, Application of Chairperson's Gender Guideline, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Gender Based Persecution Administrative Law Internal Flight Alternative Credibility Assessment Female Genital Mutilation/fgm Application of Chairperson's Gender Guideline +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Linda Kassim

Counsel for the Persons Who Are the Subject of the Appeal

XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) to Port Harcourt or Abuja is viable for the appellants
  2. 2 Whether the appellants face a serious possibility of persecution in proposed IFAs
  3. 3 Credibility of the appellants' evidence

Ratio Decidendi

The appellants failed to discharge their burden to show the proposed internal flight alternatives (Port Harcourt and Abuja) are not viable: there is insufficient evidence that agents of persecution have the means and motivation to locate them in those cities, objective evidence establishes available services and safety in those urban centres, and gender-based protections and Nigerian law against FGM do not render relocation unreasonable; therefore the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The appeal is dismissed and the decision of the Refugee Protection Division dated August 19, 2022 is confirmed: the appellants are neither Convention refugees nor persons in need of protection.