MB8-06453

MB8-06453

The claims were rejected because the principal claimant failed to show that he would face a serious possibility of persecution in all parts of Nigeria given a viable internal flight alternative in Lagos and Benin City, and the minor claimant failed to establish, on a prospective and credible basis, that he would face persecution in Ecuador; material omissions and contradictions undermined credibility and the required evidentiary threshold was not met.

Citation
MB8-06453
Parties
Applicant Principal Claimant: XXXX XXXX XXXX; Applicant Minor Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 July 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Final Decision
Outcome
Claims rejected; claimants are not Convention refugees and not persons in need of protection
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility Assessment, Parental Consent for Minor
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Internal Flight Alternative Credibility Assessment Parental Consent for Minor

Case Brief

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Parties

XXXX XXXX XXXX

Applicant Principal Claimant

XXXX XXXX XXXX XXXX

Applicant Minor Claimant

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Final Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection
  2. 2 Whether the principal claimant has a viable internal flight alternative in Lagos or Benin City
  3. 3 Whether the principal claimant's testimony and omissions undermine credibility

Ratio Decidendi

The claims were rejected because the principal claimant failed to show that he would face a serious possibility of persecution in all parts of Nigeria given a viable internal flight alternative in Lagos and Benin City, and the minor claimant failed to establish, on a prospective and credible basis, that he would face persecution in Ecuador; material omissions and contradictions undermined credibility and the required evidentiary threshold was not met.

Court Disposition

Claims rejected; claimants are not Convention refugees and not persons in need of protection

Orders

  • Claims for refugee protection denied and both claims dismissed