MB9-26556

MB9-26556

On the evidence, including newly admitted police report and affidavits, the appellants failed to prove on the balance of probabilities that the husband's extended family both possess the motivation and the means to locate and seriously harm them in the proposed IFAs (Lagos and Benin City); conditions in those locations do not meet the high threshold of unreasonableness for relocation, so viable IFAs exist and the RPD decision is confirmed.

Citation
MB9-26556
Parties
Principal Appellant: Principal Appellant (name redacted); Associate Appellant: Associate Appellant (name redacted); Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 March 2021
Procedural Posture
Refugee Appeal (rad) / Reasons and Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Admissibility of New Evidence, Revocation of Jurisprudential Guide, Credibility Assessment, Section 97 Protection
Source Language
English
Immigration Law Refugee Protection Human Rights Internal Flight Alternative Female Genital Mutilation (fgm) Admissibility of New Evidence Revocation of Jurisprudential Guide Credibility Assessment +1 more

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Parties

Principal Appellant (name redacted)

Principal Appellant

Associate Appellant (name redacted)

Associate Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (rad) / Reasons and Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in finding an internal flight alternative (IFA) in Nigeria
  2. 2 Whether agents of persecution (husband's extended family) have the means and motivation to find and harm the appellants in the proposed IFA locations
  3. 3 Admissibility and weight of new police report evidence

Ratio Decidendi

On the evidence, including newly admitted police report and affidavits, the appellants failed to prove on the balance of probabilities that the husband's extended family both possess the motivation and the means to locate and seriously harm them in the proposed IFAs (Lagos and Benin City); conditions in those locations do not meet the high threshold of unreasonableness for relocation, so viable IFAs exist and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; confirm RPD finding that appellants are neither Convention refugees nor persons in need of protection