MB9-21518

MB9-21518

The new credible evidence established, on a balance of probabilities, that the uncle and the Ogboni remained motivated and had the means (including a watchlist at Abuja airport) to locate the Appellants in Abuja and throughout Nigeria, thereby negating the RPD's finding of a viable internal flight alternative; as a result the Appellants meet the elements of Convention refugee status and the appeal is allowed and substituted in their favour.

Citation
MB9-21518
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 August 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Appeal Allowed and Decision Substituted
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees pursuant to paragraph 111(1)(b) of the IRPA.
Legal Topics
Convention Refugee Status, Internal Flight Alternative, Admission of New Evidence, State Protection, Particular Social Group, Cults / Ogboni Fraternity
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Status Internal Flight Alternative Admission of New Evidence State Protection Particular Social Group +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Appeal Allowed and Decision Substituted

Legal Issues

  1. 1 Whether the RPD erred in finding a viable internal flight alternative in Lagos
  2. 2 Whether the new evidence is admissible and credible
  3. 3 Whether the Appellants meet the Convention refugee test (persecution, nexus, state protection)

Ratio Decidendi

The new credible evidence established, on a balance of probabilities, that the uncle and the Ogboni remained motivated and had the means (including a watchlist at Abuja airport) to locate the Appellants in Abuja and throughout Nigeria, thereby negating the RPD's finding of a viable internal flight alternative; as a result the Appellants meet the elements of Convention refugee status and the appeal is allowed and substituted in their favour.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees pursuant to paragraph 111(1)(b) of the IRPA.

Orders

  • Admit the new evidence submitted to the RAD
  • Substitute decision: the Appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act