TB8-33504

TB8-33504

The RAD dismissed the appeal because the appellants failed to prove on the balance of probabilities a serious possibility of persecution or risk of torture or cruel and unusual treatment; the alleged arrest warrant was inadmissible as not credible; viable and reasonable internal flight alternatives exist in Abuja, Ibadan, Kano and Port Harcourt; and the male associate's US citizenship meant no claim against the United States was established.

Citation
TB8-33504
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 August 2019
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) After RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Findings, Admissibility of New Evidence, Convention Refugee Definition, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Admissibility of New Evidence Convention Refugee Definition State Protection

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) After RPD Decision

Legal Issues

  1. 1 Whether the male associate appellant's US citizenship precludes a claim against the United States
  2. 2 Whether internal flight alternatives (Abuja, Ibadan, Kano, Port Harcourt) are viable for the principal appellant and female child
  3. 3 Whether the alleged Nigerian arrest warrant is admissible new evidence

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to prove on the balance of probabilities a serious possibility of persecution or risk of torture or cruel and unusual treatment; the alleged arrest warrant was inadmissible as not credible; viable and reasonable internal flight alternatives exist in Abuja, Ibadan, Kano and Port Harcourt; and the male associate's US citizenship meant no claim against the United States was established.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The decision of the Refugee Protection Division dated December 5, 2018 is confirmed; appellants are neither Convention refugees nor persons in need of protection