VB9-05967

VB9-05967

The appeal is dismissed because the record lacks credible evidence that the alleged agent perpetrated or would perpetrate persecution against the Appellants; the africanews article about a ministerial nomination, while admissible, does not, on balance of probabilities, increase the Appellants' risk to the level required for protection; and viable internal flight alternatives exist in Lagos, Abuja and Port Harcourt making relocation reasonable in the circumstances.

Citation
VB9-05967
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 October 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed that Appellants are neither Convention refugees nor persons in need of protection pursuant to IRPA s.111(1)(a).
Legal Topics
Internal Flight Alternative, Credibility Findings, Admissibility of New Evidence, Standard of Proof (balance of Probabilities), Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Admissibility of New Evidence Standard of Proof (balance of Probabilities) Convention Refugee Determination

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister (Respondent)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Appellants are Convention refugees or persons in need of protection
  2. 2 Whether new evidence (article of nomination as federal minister) is admissible and material
  3. 3 Whether Appellants face more than a mere possibility of persecution on a Convention ground

Ratio Decidendi

The appeal is dismissed because the record lacks credible evidence that the alleged agent perpetrated or would perpetrate persecution against the Appellants; the africanews article about a ministerial nomination, while admissible, does not, on balance of probabilities, increase the Appellants' risk to the level required for protection; and viable internal flight alternatives exist in Lagos, Abuja and Port Harcourt making relocation reasonable in the circumstances.

Court Disposition

Appeal dismissed; RPD decision confirmed that Appellants are neither Convention refugees nor persons in need of protection pursuant to IRPA s.111(1)(a).

Orders

  • Confirm RPD decision dated July 17, 2019
  • Deny request for oral hearing