VA9-04795

VA9-04795

Claimant was found credible about abuse but not excluded under Article 1E because her US status was temporary; on balance of probabilities the Tribunal found a viable and reasonable internal flight alternative in the Nigerian city of XXXX with accessible state and non‑state protection (shelters, trained police units), and that relocation would not be unreasonable given claimant's age, education and work experience; therefore claimant does not face a serious possibility of persecution or risk to life/torture and is not a Convention refugee nor a person in need of protection under sections 96 and 97 IRPA.

Citation
VA9-04795
Parties
Claimant: XXXX XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 April 2011
Procedural Posture
Refugee Protection RPD Hearing and Decision / Decision on Claim After Hearing and Post Hearing Submissions
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Domestic Violence, Internal Flight Alternative, Exclusion Under Article 1 E, Credibility Assessment, State Protection
Source Language
English
Immigration and Refugee Law Human Rights Law Gender Based Violence Domestic Violence Internal Flight Alternative Exclusion Under Article 1 E Credibility Assessment State Protection

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Parties

XXXX XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection RPD Hearing and Decision / Decision on Claim After Hearing and Post Hearing Submissions

Legal Issues

  1. 1 Whether claimant is excluded under Article 1E / section 1E of Schedule I of IRPA
  2. 2 Whether an internal flight alternative (IFA) exists (viability and reasonableness)
  3. 3 Whether state protection is available in Nigeria

Ratio Decidendi

Claimant was found credible about abuse but not excluded under Article 1E because her US status was temporary; on balance of probabilities the Tribunal found a viable and reasonable internal flight alternative in the Nigerian city of XXXX with accessible state and non‑state protection (shelters, trained police units), and that relocation would not be unreasonable given claimant's age, education and work experience; therefore claimant does not face a serious possibility of persecution or risk to life/torture and is not a Convention refugee nor a person in need of protection under sections 96 and 97 IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Claim rejected; not a Convention refugee and not a person in need of protection.
  • No exclusion applied under Article 1E of the Refugee Convention / section 1E Schedule I IRPA