MC0-04859

MC0-04859

The appeal is dismissed because the RPD correctly found a viable and reasonable internal flight alternative in Lagos; the Appellant failed to prove the Fulani Herdsmen have the motivation and means to locate him there and his credibility was undermined by material omissions and lack of corroboration; most new evidence was inadmissible or entitled to little weight, therefore the Appellant is not a Convention refugee nor a person in need of protection under paragraph 111(1)(a) IRPA.

Citation
MC0-04859
Parties
Appellant (person Who Is the Subject of the Appeal): XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 March 2021
Procedural Posture
Refugee Appeal Under IRPA / Appeal to the Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Internal Flight Alternative (ifa), Credibility and Omissions, Admission of New Evidence (s110(4) Irpa), Burden of Proof Regarding Agents of Persecution, Reasonableness/unreasonableness of Relocation
Source Language
English
Refugee Law Immigration Law Administrative Law Internal Flight Alternative (ifa) Credibility and Omissions Admission of New Evidence (s110(4) Irpa) Burden of Proof Regarding Agents of Persecution Reasonableness/unreasonableness of Relocation

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Parties

XXXX XXXX

Appellant (person Who Is the Subject of the Appeal)

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal to the Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision

Legal Issues

  1. 1 Whether Lagos is a viable internal flight alternative for the Appellant
  2. 2 Whether the Appellant's allegations are undermined by material omissions affecting credibility
  3. 3 Whether new evidence meets the s110(4) IRPA threshold for admission and is determinative

Ratio Decidendi

The appeal is dismissed because the RPD correctly found a viable and reasonable internal flight alternative in Lagos; the Appellant failed to prove the Fulani Herdsmen have the motivation and means to locate him there and his credibility was undermined by material omissions and lack of corroboration; most new evidence was inadmissible or entitled to little weight, therefore the Appellant is not a Convention refugee nor a person in need of protection under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed by RAD.
  • Decision of the RPD dated January 22, 2020 confirmed: Appellant is neither a Convention refugee nor a person in need of protection pursuant to paragraph 111(1)(a) of the IRPA.