TB5-05648

TB5-05648

On an independent assessment the RAD found, on a balance of probabilities, that a reasonable and accessible internal flight alternative exists in Lagos for the appellants and that they failed to show a serious possibility of persecution or risk to life/cruel and unusual treatment there; accordingly the appeals are dismissed and the RPD decision is confirmed under s.111(1)(a) IRPA.

Citation
TB5-05648
Parties
Principal Appellant: XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX; Appellant (minor Child): XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 September 2015
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Appeal Heard and Decided by Refugee Appeal Division (final Disposition)
Outcome
Appeals dismissed; decision of the Refugee Protection Division confirmed under section 111(1)(a) of IRPA
Legal Topics
Internal Flight Alternative, Credibility Findings, Gender Based Persecution, Female Genital Mutilation, Standard of Review / Hybrid Appeal
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Gender Based Persecution Female Genital Mutilation Standard of Review / Hybrid Appeal

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Appellant (spouse)

XXXX XXXX

Appellant (minor Child)

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Appeal Heard and Decided by Refugee Appeal Division (final Disposition)

Legal Issues

  1. 1 Whether a viable and reasonable internal flight alternative (IFA) exists in Lagos for the appellants
  2. 2 Whether the RPD's adverse credibility findings were unreasonable and determinative
  3. 3 Application of Chairperson's Gender Guidelines to assess IFA for female claimant

Ratio Decidendi

On an independent assessment the RAD found, on a balance of probabilities, that a reasonable and accessible internal flight alternative exists in Lagos for the appellants and that they failed to show a serious possibility of persecution or risk to life/cruel and unusual treatment there; accordingly the appeals are dismissed and the RPD decision is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeals dismissed; decision of the Refugee Protection Division confirmed under section 111(1)(a) of IRPA

Orders

  • Appeals dismissed
  • Decision of the Refugee Protection Division dated April 23, 2015 is confirmed