TC0-03190

TC0-03190

The appeal is dismissed because the RAD finds that the RPD correctly concluded that Abuja and Benin City constitute viable internal flight alternatives: appellants failed to show more than a mere possibility of persecution in those locations and did not produce actual and concrete evidence rendering relocation unreasonable.

Citation
TC0-03190
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX (a.k.a. XXXX XXXX); Minor Appellant: XXXX XXXX XXXX; Respondent: Minister (Respondent); Designated Representative: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 August 2020
Procedural Posture
Refugee Appeal Under RAD From RPD Decision / Final Decision on Appeal (dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation, Kidnapping, Burden of Proof, Indigeneity and Discrimination, Reasonableness of Relocation
Source Language
English
Immigration Refugee Law Gender Based Violence Administrative Law Internal Flight Alternative Female Genital Mutilation Kidnapping Burden of Proof +2 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX (a.k.a. XXXX XXXX)

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister (Respondent)

Respondent

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal Under RAD From RPD Decision / Final Decision on Appeal (dismissed)

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) exists in Abuja or Benin City
  2. 2 Whether appellants face a serious possibility of persecution including FGM or kidnapping in the proposed IFAs
  3. 3 Whether the IFA would be unreasonable given appellants' personal circumstances including indigeneity, gender and mental health

Ratio Decidendi

The appeal is dismissed because the RAD finds that the RPD correctly concluded that Abuja and Benin City constitute viable internal flight alternatives: appellants failed to show more than a mere possibility of persecution in those locations and did not produce actual and concrete evidence rendering relocation unreasonable.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated October 3, 2019 confirmed