TC0-10680

TC0-10680

The appeal is dismissed because, on independent review, the Appellants failed to discharge their burden to show on a balance of probabilities that they would face a serious possibility of persecution or risk of torture/cruel and unusual treatment in Abuja or Port Harcourt, and failed to show relocation to those urban centres would be unreasonable or unduly harsh; objective evidence supporting claims about the agents' reach (killer squad, supernatural curses, Badoo cult tracking, social media tracing) was lacking, and admitted new evidence did not alter the IFA conclusion or require an oral hearing.

Citation
TC0-10680
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 March 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision/determination on Appeal
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Credibility and Corroboration, Best Interests of the Child, Admissibility of New Evidence, Social Media Risk, Mental Health and Availability of Services
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Female Genital Mutilation (fgm) Credibility and Corroboration Best Interests of the Child +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision/determination on Appeal

Legal Issues

  1. 1 Whether Abuja or Port Harcourt constitute viable internal flight alternatives (IFA) for the Appellants
  2. 2 Whether Appellants face a serious possibility of persecution or risk of torture/cruel and unusual treatment in proposed IFAs
  3. 3 Whether new evidence should be admitted and whether an oral hearing is required

Ratio Decidendi

The appeal is dismissed because, on independent review, the Appellants failed to discharge their burden to show on a balance of probabilities that they would face a serious possibility of persecution or risk of torture/cruel and unusual treatment in Abuja or Port Harcourt, and failed to show relocation to those urban centres would be unreasonable or unduly harsh; objective evidence supporting claims about the agents' reach (killer squad, supernatural curses, Badoo cult tracking, social media tracing) was lacking, and admitted new evidence did not alter the IFA conclusion or require an oral hearing.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated September 11, 2020 is confirmed