TC0-05557

TC0-05557

On the record, the RPD correctly found Abuja to be both safe (no serious possibility of persecution or s.97 risk because the Badoo Cult is localized to Lagos and cannot track the Appellants) and reasonable (access to travel, language, employment, accommodation, education and healthcare), therefore the IFA is viable and the refugee claims fail; appeals dismissed.

Citation
TC0-05557
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellants: Minor Appellants; Designated Representative: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 January 2021
Procedural Posture
Refugee Appeal Under IRPA / Appeal From Refugee Protection Division Decision (rad Written Reasons)
Outcome
Appeal dismissed
Legal Topics
Internal Flight Alternative, Credibility, Country Conditions, Admissibility of Evidence on Appeal, Standard of Review, Protection Obligations
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Country Conditions Admissibility of Evidence on Appeal Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minor Appellants

Minor Appellants

XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal From Refugee Protection Division Decision (rad Written Reasons)

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (IFA) in Abuja (determinative)
  2. 2 Admissibility of new evidence on appeal under IRPA s.110(4)
  3. 3 Whether an oral hearing at the RAD is permitted under IRPA s.110(6)

Ratio Decidendi

On the record, the RPD correctly found Abuja to be both safe (no serious possibility of persecution or s.97 risk because the Badoo Cult is localized to Lagos and cannot track the Appellants) and reasonable (access to travel, language, employment, accommodation, education and healthcare), therefore the IFA is viable and the refugee claims fail; appeals dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed pursuant to IRPA s.111(1)(a)
  • No substitution in favour of Appellants; RPD decision upheld on IFA grounds