MB9-03272

MB9-03272

The RAD confirmed the RPD: although new evidence establishes the Eluku faith exists, that evidence is not determinative of risk in Port Harcourt; the Appellants failed to prove, on a balance of probabilities, that their agents of persecution have influence in Port Harcourt or that relocation there would be objectively unreasonable; the American minor did not advance a US claim; appeal dismissed.

Citation
MB9-03272
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Nigerian Minor Appellant: XXXX XXXX XXXX; American Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 December 2019
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility (s.110 Irpa), Convention Refugee Determination, Well Founded Risk (s.96/97 Irpa), Jurisprudential Guide Reliance
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility (s.110 Irpa) Convention Refugee Determination Well Founded Risk (s.96/97 Irpa) Jurisprudential Guide Reliance

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Nigerian Minor Appellant

XXXX XXXX XXXX

American Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the RPD erred in finding Port Harcourt a viable Internal Flight Alternative (IFA)
  2. 2 Whether new evidence should be admitted under s.110(4) and whether it triggers an oral hearing under s.110(6)
  3. 3 Existence and relevance of the Eluku faith to persecution risk

Ratio Decidendi

The RAD confirmed the RPD: although new evidence establishes the Eluku faith exists, that evidence is not determinative of risk in Port Harcourt; the Appellants failed to prove, on a balance of probabilities, that their agents of persecution have influence in Port Harcourt or that relocation there would be objectively unreasonable; the American minor did not advance a US claim; appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the Appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) of the IRPA