MC0-09941

MC0-09941

There is insufficient evidence that the agents who threatened the Appellants retain an interest or capability to persecute them on return to Nigeria; the last threatening contact was around 2017, stolen evidence appears to have been removed and the Associate Appellant's client shows no evidence of harm; accordingly...

Source-derived case information.

Citation
MC0-09941
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 March 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Convention Refugee Status, Person in Need of Protection, Prospective Risk of Persecution or Harm, Burden of Proof, Country Condition Evidence, Credibility Assessment
Source Language
english
Immigration Law Refugee Law Convention Refugee Status Person in Need of Protection Prospective Risk of Persecution or Harm Burden of Proof Country Condition Evidence Credibility Assessment

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the appellants are Convention refugees
  2. 2 Whether the appellants are persons in need of protection
  3. 3 Whether there is a prospective risk of persecution or harm on return to Nigeria

Ratio Decidendi

There is insufficient evidence that the agents who threatened the Appellants retain an interest or capability to persecute them on return to Nigeria; the last threatening contact was around 2017, stolen evidence appears to have been removed and the Associate Appellant's client shows no evidence of harm; accordingly the Appellants failed to meet the burden to show a serious possibility of persecution or, on the balance of probabilities, a risk to life or torture, and the appeal is dismissed under s.111(1)(a) IRPA confirming the RPD decision.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • Decision of the Refugee Protection Division dated October 1, 2020 confirmed