MC0-09566

MC0-09566

The RPD's adverse credibility inferences were unsupported by clear basis and relied on assumptions and mischaracterizations; on independent review the appellants' testimony is credible on a balance of probabilities, they face a real risk from a high-level political actor, state protection in Nigeria is ineffective, and no safe internal flight alternative exists; therefore the appeal is allowed and the decision is substituted finding the appellants to be persons in need of protection.

Citation
MC0-09566
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 January 2021
Procedural Posture
Refugee Appeal (rad) From Refugee Protection Division Decision / Decision on Appeal (substitution of Decision)
Outcome
Appeal allowed; substituted decision that the appellants are persons in need of protection
Legal Topics
Credibility Assessment, Persecution and Risk, State Protection, Internal Flight Alternative, Substitution of Decision
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Persecution and Risk State Protection Internal Flight Alternative Substitution of Decision

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (rad) From Refugee Protection Division Decision / Decision on Appeal (substitution of Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment
  2. 2 Whether the appellants face a risk of persecution or cruel and unusual treatment if returned to Nigeria
  3. 3 Whether effective state protection is available in Nigeria

Ratio Decidendi

The RPD's adverse credibility inferences were unsupported by clear basis and relied on assumptions and mischaracterizations; on independent review the appellants' testimony is credible on a balance of probabilities, they face a real risk from a high-level political actor, state protection in Nigeria is ineffective, and no safe internal flight alternative exists; therefore the appeal is allowed and the decision is substituted finding the appellants to be persons in need of protection.

Court Disposition

Appeal allowed; substituted decision that the appellants are persons in need of protection

Orders

  • Appeal allowed
  • Substitute decision: Appellants found to be persons in need of protection