VA9-01230

VA9-01230

The panel found that the claimant is neither a Convention refugee nor a person in need of protection because a viable internal flight alternative exists in Abuja: there is no serious possibility that MEND would locate and persecute him there and, considering the claimant's circumstances and conditions in Abuja, relocation is reasonable; a viable IFA is fatal to the claims under ss.96 and 97(1).

Citation
VA9-01230
Parties
Claimant / Asylum Seeker: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2010
Procedural Posture
Refugee Protection / Decision on Merits
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Internal Flight Alternative, Convention Refugee, Protection From Torture, State Protection, Organized Criminality, Political Opinion
Source Language
English
Immigration Refugee Law Human Rights Internal Flight Alternative Convention Refugee Protection From Torture State Protection Organized Criminality +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant / Asylum Seeker

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection / Decision on Merits

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of the IRPA
  2. 2 Whether claimant is a person in need of protection under s.97(1) of the IRPA
  3. 3 Whether a viable Internal Flight Alternative (IFA) exists in Abuja

Ratio Decidendi

The panel found that the claimant is neither a Convention refugee nor a person in need of protection because a viable internal flight alternative exists in Abuja: there is no serious possibility that MEND would locate and persecute him there and, considering the claimant's circumstances and conditions in Abuja, relocation is reasonable; a viable IFA is fatal to the claims under ss.96 and 97(1).

Court Disposition

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