TB9-12741

TB9-12741

On independent review the RAD concluded both limbs of the Rasaratnam test were satisfied: there is no serious possibility of persecution or risk of torture or death in Benin City given the Ogboni Society's limited means and influence, and it would not be objectively unreasonable for the appellants to relocate there (employment, language, accommodation, healthcare and education available); therefore Benin City is a viable IFA and the RPD's decision dismissing the refugee claims is confirmed.

Citation
TB9-12741
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Associate: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 November 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons)
Outcome
Appeal dismissed; RPD decision of April 16, 2019 confirmed; appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Credibility Findings, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Credibility Findings Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Associate

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons)

Legal Issues

  1. 1 Whether Benin City is a viable internal flight alternative (IFA)
  2. 2 Whether the appellants face a serious possibility of persecution or risk of harm in Benin City
  3. 3 Whether relocation to Benin City would be unreasonable given the appellants' personal circumstances

Ratio Decidendi

On independent review the RAD concluded both limbs of the Rasaratnam test were satisfied: there is no serious possibility of persecution or risk of torture or death in Benin City given the Ogboni Society's limited means and influence, and it would not be objectively unreasonable for the appellants to relocate there (employment, language, accommodation, healthcare and education available); therefore Benin City is a viable IFA and the RPD's decision dismissing the refugee claims is confirmed.

Court Disposition

Appeal dismissed; RPD decision of April 16, 2019 confirmed; appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated April 16, 2019 is confirmed