TB9-14794

TB9-14794

The appeal is dismissed because the RAD finds the RPD's adverse credibility inferences justified: the Appellant failed to produce reasonably available corroborative documentation of a prior US refugee claim and gave inconsistent testimony about a friend's letter, undermining the central allegation of threats from family; objective country evidence (National Documentation Package) shows no serious possibility of being killed for conversion in Southern Nigeria and community ostracism does not amount to persecution; identified RPD errors (IFA analysis and trinity question) were not determinative and are harmless.

Citation
TB9-14794
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 August 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) / Decision on Appeal (written Reasons)
Outcome
Appeal dismissed; decision of the Refugee Protection Division of May 9, 2019 confirmed
Legal Topics
Credibility Assessment, Well‑founded Fear of Persecution, Internal Flight Alternative (ifa), New Evidence Admissibility, Corroboration Requirements, Religious Persecution, Pre‑removal Risk Assessment (prra) Jurisdiction
Source Language
English
Immigration and Refugee Law Administrative Law Credibility Assessment Well‑founded Fear of Persecution Internal Flight Alternative (ifa) New Evidence Admissibility Corroboration Requirements Religious Persecution +1 more

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) / Decision on Appeal (written Reasons)

Legal Issues

  1. 1 Whether the RPD erred in assessing the Appellant's credibility
  2. 2 Whether the Appellant has a well‑founded fear of persecution based on conversion to Christianity
  3. 3 Whether a safe and reasonable Internal Flight Alternative exists in Nigeria

Ratio Decidendi

The appeal is dismissed because the RAD finds the RPD's adverse credibility inferences justified: the Appellant failed to produce reasonably available corroborative documentation of a prior US refugee claim and gave inconsistent testimony about a friend's letter, undermining the central allegation of threats from family; objective country evidence (National Documentation Package) shows no serious possibility of being killed for conversion in Southern Nigeria and community ostracism does not amount to persecution; identified RPD errors (IFA analysis and trinity question) were not determinative and are harmless.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division of May 9, 2019 confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD confirmed (Appellant is not a Convention refugee and not a person in need of protection)