VB8-07463

VB8-07463

Appeal dismissed because appellants failed to establish, on a balance of probabilities, that there is a serious possibility of persecution or risk of torture in Ibadan or Port Harcourt and failed to show those locations would be unreasonable as IFAs; the birth certificate was admissible but did not affect the outcome, the four affidavits were inadmissible, and the American‑born minor did not establish a claim against the United States.

Citation
VB8-07463
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX (A.K.A XXXX XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 August 2019
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Final Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Credibility, Family Unity, Female Genital Mutilation, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Credibility Family Unity Female Genital Mutilation +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX (A.K.A XXXX XXXX XXXX XXXX)

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Final Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether appellants have a viable internal flight alternative (IFA) in Ibadan or Port Harcourt
  2. 2 Admissibility and weight of new evidence (birth certificate and four affidavits) on appeal
  3. 3 Whether the American‑born minor has a protection claim against his country of citizenship (United States)

Ratio Decidendi

Appeal dismissed because appellants failed to establish, on a balance of probabilities, that there is a serious possibility of persecution or risk of torture in Ibadan or Port Harcourt and failed to show those locations would be unreasonable as IFAs; the birth certificate was admissible but did not affect the outcome, the four affidavits were inadmissible, and the American‑born minor did not establish a claim against the United States.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated November 20, 2018 confirmed