TC0-07684
The appeal is dismissed because on a full review the RPD correctly found the appellants are not Convention refugees or persons in need of protection: country documents and evidence show Boko Haram lacks the means/motivation to pursue the appellants in Port Harcourt, the Principal Appellant does not match Boko Haram's typical target profile, the alleged incidents in Abeokuta (2012) and Ibadan (2017) are not proven on a balance of probabilities and lack corroboration, and relocation to Port Harcourt is not objectively unreasonable (satisfying both prongs of the IFA test).
- Citation
- TC0-07684
- Parties
- Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 22 February 2021
- Procedural Posture
- Refugee Appeal (rad) / Decision on Appeal (reasons and Decision)
- Outcome
- Appeal dismissed; RPD decision confirmed
- Legal Topics
- Internal Flight Alternative, Credibility Findings, State Protection, Profile of Persecutor Targets, Corroboration
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Principal Appellant
XXXX XXXX XXXX
Associate Appellant
XXXX XXXX XXXX XXXX XXXX
Minor Appellant
Minister
Respondent
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (reasons and Decision)
Legal Issues
- 1 Whether the RPD erred in credibility findings regarding alleged attacks in 2012 and 2017
- 2 Whether Boko Haram has the means and motivation to pursue appellants in Port Harcourt (IFA)
- 3 Whether the Principal Appellant fits the profile of persons targeted by Boko Haram
Ratio Decidendi
The appeal is dismissed because on a full review the RPD correctly found the appellants are not Convention refugees or persons in need of protection: country documents and evidence show Boko Haram lacks the means/motivation to pursue the appellants in Port Harcourt, the Principal Appellant does not match Boko Haram's typical target profile, the alleged incidents in Abeokuta (2012) and Ibadan (2017) are not proven on a balance of probabilities and lack corroboration, and relocation to Port Harcourt is not objectively unreasonable (satisfying both prongs of the IFA test).
Court Disposition
Appeal dismissed; RPD decision confirmed
Orders
- Appeal dismissed
- Decision of the Refugee Protection Division confirmed
Full Case Text
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