MB9-13816

MB9-13816

The appeal is dismissed because the Refugee Protection Division was correct: Benin was not established as a country of reference for the spouse and minor children; the Appellants failed to prove the alleged agent of harm has the means and motivation to locate and persecute them in Lagos; discrimination/indigeneity and employment barriers do not render Lagos an unreasonable IFA; accordingly the Appellants are neither Convention refugees nor persons in need of protection.

Citation
MB9-13816
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)
Outcome
Appeal dismissed; decision of the Refugee Protection Division (May 24, 2019) confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Country of Reference/nationality, Credibility and Corroboration, Discrimination Based on Indigeneity
Source Language
English
Immigration Law Refugee Law Nationality Law Administrative Law Evidence Law Internal Flight Alternative Female Genital Mutilation (fgm) Country of Reference/nationality +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether Benin is a country of reference for the spouse and minor children
  2. 2 Whether Lagos (and Port Harcourt) are viable internal flight alternatives for the Appellants
  3. 3 Whether the Appellants face a serious possibility of persecution or risk of torture if returned to Nigeria or Benin

Ratio Decidendi

The appeal is dismissed because the Refugee Protection Division was correct: Benin was not established as a country of reference for the spouse and minor children; the Appellants failed to prove the alleged agent of harm has the means and motivation to locate and persecute them in Lagos; discrimination/indigeneity and employment barriers do not render Lagos an unreasonable IFA; accordingly the Appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division (May 24, 2019) confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated May 24, 2019 is confirmed