MB9-24109

MB9-24109

The appeal is dismissed because the Appellant failed to establish an objective basis on a balance of probabilities that her mother was killed by the Ifa and, independently, the RPD correctly found that viable and reasonable internal flight alternatives exist in Port Harcourt or Benin City such that there is no serious possibility of persecution or need for protection there.

Citation
MB9-24109
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 September 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Objective Basis for Fear, Internal Flight Alternative (ifa), New Evidence Admissibility, Natural Justice (notice), Gender Related Claims, Credibility Assessment
Source Language
English
Immigration Law Refugee Law International Protection Objective Basis for Fear Internal Flight Alternative (ifa) New Evidence Admissibility Natural Justice (notice) Gender Related Claims +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the Appellant established an objective basis on a balance of probabilities that Ifa members killed her mother or that she faces persecution
  2. 2 Whether the RPD provided adequate notice to the Appellant that IFA in Port Harcourt and Benin City would be considered
  3. 3 Whether the proposed IFAs are safe and reasonable in all the circumstances

Ratio Decidendi

The appeal is dismissed because the Appellant failed to establish an objective basis on a balance of probabilities that her mother was killed by the Ifa and, independently, the RPD correctly found that viable and reasonable internal flight alternatives exist in Port Harcourt or Benin City such that there is no serious possibility of persecution or need for protection there.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; confirmed RPD decision that Appellant is neither a Convention refugee nor a person in need of protection