VB9-04306

VB9-04306

The appeal is dismissed because the RAD found, on independent review, that the RPD correctly concluded a viable internal flight alternative exists in Lagos under the Rasaratnam two-prong test; the appellants failed to show a serious possibility of persecution or torture in Lagos and did not demonstrate that relocation there would be unreasonable. The new evidence was rejected as not credible and therefore did not alter the IFA assessment.

Citation
VB9-04306
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 January 2021
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision of May 15, 2019 confirmed
Legal Topics
Female Genital Mutilation, Internal Flight Alternative, State Protection, Credibility, Admissibility of New Evidence
Source Language
English
Immigration and Refugee Protection Refugee Law Gender Based Violence Administrative Law Female Genital Mutilation Internal Flight Alternative State Protection Credibility +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Availability of an internal flight alternative (IFA)
  2. 2 Whether appellants meet Convention refugee or persons in need of protection criteria
  3. 3 Admissibility and credibility of new evidence

Ratio Decidendi

The appeal is dismissed because the RAD found, on independent review, that the RPD correctly concluded a viable internal flight alternative exists in Lagos under the Rasaratnam two-prong test; the appellants failed to show a serious possibility of persecution or torture in Lagos and did not demonstrate that relocation there would be unreasonable. The new evidence was rejected as not credible and therefore did not alter the IFA assessment.

Court Disposition

Appeal dismissed; RPD decision of May 15, 2019 confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated May 15, 2019 is confirmed