TB0-12098
Although the claimant faces a personalized risk from her son‑in‑law, the panel found Lagos to be a reasonable internal flight alternative because she lived there for three months without incident, the city's size and distance reduce the likelihood of contact, she has means to support herself and family support, and the psychological report did not make Lagos unreasonable; therefore she is neither a Convention refugee nor a person in need of protection.
- Citation
- TB0-12098
- Parties
- Claimant: XXXXXXXXXXXXX; Respondent: Minister (Canada)
- Court
- Refugee Protection Division
- Jurisdiction
- Canada
- Judgment Date
- 7 October 2011
- Procedural Posture
- Refugee Protection (convention Refugee and Person in Need of Protection) / Hearing and Decision on Merits
- Outcome
- Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
- Legal Topics
- Internal Flight Alternative, Particular Social Group, Convention Refugee Status, Persecution, Torture, Psychological Evidence, Credibility
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXXXXXXXXXXX
Claimant
Minister (Canada)
Respondent
Procedural Posture
Refugee Protection (convention Refugee and Person in Need of Protection) / Hearing and Decision on Merits
Legal Issues
- 1 Whether the claimant is a Convention refugee
- 2 Whether the claimant is a person in need of protection
- 3 Whether a reasonable internal flight alternative exists in Lagos
Ratio Decidendi
Although the claimant faces a personalized risk from her son‑in‑law, the panel found Lagos to be a reasonable internal flight alternative because she lived there for three months without incident, the city's size and distance reduce the likelihood of contact, she has means to support herself and family support, and the psychological report did not make Lagos unreasonable; therefore she is neither a Convention refugee nor a person in need of protection.
Court Disposition
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
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