TB1-15248

TB1-15248

Although the claimant was found credible about the adulterous relationship and threats, he failed to establish on a balance of probabilities that his fear was linked to a Convention ground or that he faced a risk of death or torture; documentary record did not show Boko Haram or similar actors operating freely in Lagos or Port Harcourt and those cities provide reasonable internal flight alternatives, and the application for more time under Rule 48 was denied; therefore the claim was rejected.

Citation
TB1-15248
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 May 2012
Procedural Posture
Refugee Protection (refugee Protection Division) / Hearing and Oral Decision With Written Reasons (bench Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Internal Flight Alternative, Nexus, Credibility, Danger of Torture, Procedure and Disclosure (rule 48)
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Internal Flight Alternative Nexus Credibility Danger of Torture +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (refugee Protection Division) / Hearing and Oral Decision With Written Reasons (bench Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant faces a danger of torture
  3. 3 Whether there is nexus between the claimant's fear and a Convention ground

Ratio Decidendi

Although the claimant was found credible about the adulterous relationship and threats, he failed to establish on a balance of probabilities that his fear was linked to a Convention ground or that he faced a risk of death or torture; documentary record did not show Boko Haram or similar actors operating freely in Lagos or Port Harcourt and those cities provide reasonable internal flight alternatives, and the application for more time under Rule 48 was denied; therefore the claim was rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Application for additional time under Rule 48 denied
  • Refugee claim dismissed