VB0-04093

VB0-04093

Claimant was found credible but, on the balance of probabilities and based on country and NGO evidence, internal relocation to Abuja was reasonable and would remove the real risk of persecution; therefore claimant is not a Convention refugee under section 96 nor a person in need of protection under section 97.

Citation
VB0-04093
Parties
Claimant: XXXXXXXXXXXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 August 2011
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Oral Decision (02 Aug 2011); Written Decision Rendered 31 Aug 2011
Outcome
Claim dismissed; claimant not a Convention refugee and not a person in need of protection under sections 96 or 97 of the Act.
Legal Topics
Domestic Violence, Gender Based Persecution, Internal Flight/relocation Alternative, Credibility Assessment, State Protection, Non State Actor Violence
Source Language
English
Immigration Law Refugee Law Human Rights Administrative Law Domestic Violence Gender Based Persecution Internal Flight/relocation Alternative Credibility Assessment +2 more

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Parties

XXXXXXXXXXXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Oral Decision (02 Aug 2011); Written Decision Rendered 31 Aug 2011

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96
  2. 2 Whether claimant is a person in need of protection under section 97
  3. 3 Whether internal relocation within Nigeria (Abuja) is reasonable and effective

Ratio Decidendi

Claimant was found credible but, on the balance of probabilities and based on country and NGO evidence, internal relocation to Abuja was reasonable and would remove the real risk of persecution; therefore claimant is not a Convention refugee under section 96 nor a person in need of protection under section 97.

Court Disposition

Claim dismissed; claimant not a Convention refugee and not a person in need of protection under sections 96 or 97 of the Act.

Orders

  • Matter concluded.
  • Oral decision delivered 02 August 2011; written reasons mailed/issued 31 August 2011.