MC4-02525

MC4-02525

The appeal is dismissed because the RPD reasonably concluded, on a balance of probabilities, that the agents of persecution lack the means and motivation to locate the appellants in Abuja or Port Harcourt and that relocation to those IFAs is reasonable; therefore the appellants are neither Convention refugees nor persons in need of protection.

Citation
MC4-02525
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 March 2024
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal; Reasons for Decision (march 21, 2024)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Risk Assessment, Credibility, Reasonableness of Relocation
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Convention Refugee Status Risk Assessment Credibility +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (minor)

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal; Reasons for Decision (march 21, 2024)

Legal Issues

  1. 1 Whether Abuja and Port Harcourt are viable Internal Flight Alternatives (IFAs) for the appellants
  2. 2 Whether agents of persecution have the means and motivation to locate the appellants in the IFAs
  3. 3 Whether the appellants qualify as Convention refugees or persons in need of protection

Ratio Decidendi

The appeal is dismissed because the RPD reasonably concluded, on a balance of probabilities, that the agents of persecution lack the means and motivation to locate the appellants in Abuja or Port Harcourt and that relocation to those IFAs is reasonable; therefore the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed