TB9-23279

TB9-23279

The RAD found the Appellants did not prove on a balance of probabilities that agents of persecution have the means or motivation to find them in Lagos, Abuja, or Benin City, nor that relocation to those cities would be objectively unreasonable; therefore a viable internal flight alternative exists and the RPD decision rejecting refugee protection is confirmed.

Citation
TB9-23279
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 July 2020
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division After Refugee Protection Division Decision (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative (ifa), Credibility and Documentary Evidence, Female Genital Mutilation (fgm), Rule 29 New Evidence Admissibility, Section 97 Protection Risk, Gender Related Persecution and Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative (ifa) Credibility and Documentary Evidence Female Genital Mutilation (fgm) Rule 29 New Evidence Admissibility +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division After Refugee Protection Division Decision (reasons and Decision)

Legal Issues

  1. 1 Whether a viable internal flight alternative exists in Lagos, Abuja, or Benin City
  2. 2 Admissibility and credibility of new evidence under Rule 29 and subsection 110(4) IRPA
  3. 3 Whether there is a proven link between the husband's death and persecutory family members

Ratio Decidendi

The RAD found the Appellants did not prove on a balance of probabilities that agents of persecution have the means or motivation to find them in Lagos, Abuja, or Benin City, nor that relocation to those cities would be objectively unreasonable; therefore a viable internal flight alternative exists and the RPD decision rejecting refugee protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated August 12, 2019 confirmed