TB0-14947

TB0-14947

Claimant's threats were found credible but stemmed from criminal/militant activity by the Egbesu Boys affecting the Niger Delta generally and not linked to a Convention ground; documentary evidence and country information show the group's operations are confined to the Niger Delta and not Lagos, and claimant has the capacity to reestablish in Lagos, so either no nexus exists or a reasonable internal flight alternative exists; therefore claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB0-14947
Parties
Claimant: XXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 February 2012
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision (written Reasons Issued After Hearing)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Internal Flight Alternative, Nexus to Convention Grounds, Credibility, Danger of Torture, Personalized Risk
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Convention Refugee Internal Flight Alternative Nexus to Convention Grounds Credibility Danger of Torture +1 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 3 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Decision (written Reasons Issued After Hearing)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant established nexus between harm and a Convention ground
  3. 3 Whether claimant faces danger of torture

Ratio Decidendi

Claimant's threats were found credible but stemmed from criminal/militant activity by the Egbesu Boys affecting the Niger Delta generally and not linked to a Convention ground; documentary evidence and country information show the group's operations are confined to the Niger Delta and not Lagos, and claimant has the capacity to reestablish in Lagos, so either no nexus exists or a reasonable internal flight alternative exists; therefore claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.