TA5-08532

TA5-08532

The claimant is not a Convention refugee and is not in need of protection because reliable evidence shows Nigeria provides state protection against ritualistic killings and cult crimes, the claimant did not seek police protection nor rebut the presumption of state protection on the required standard, and removal would not subject him personally to a serious risk to life, cruel or unusual treatment, or torture.

Citation
TA5-08532
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 June 2006
Procedural Posture
Refugee Protection Claim / Hearing and Decision by Refugee Protection Division
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection; removal to Nigeria would not expose him personally to a risk to life or to cruel or unusual treatment or substantial grounds for torture.
Legal Topics
Convention Refugee Status, State Protection, Persecution for Witchcraft Accusations, Burden and Standard of Proof, Risk of Torture/cruel or Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights State Protection Convention Refugee Status Persecution for Witchcraft Accusations Burden and Standard of Proof Risk of Torture/cruel or Unusual Treatment

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether state protection is available and effective in Nigeria
  3. 3 Whether the claimant made reasonable efforts to seek state protection

Ratio Decidendi

The claimant is not a Convention refugee and is not in need of protection because reliable evidence shows Nigeria provides state protection against ritualistic killings and cult crimes, the claimant did not seek police protection nor rebut the presumption of state protection on the required standard, and removal would not subject him personally to a serious risk to life, cruel or unusual treatment, or torture.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection; removal to Nigeria would not expose him personally to a risk to life or to cruel or unusual treatment or substantial grounds for torture.