TB9-09945

TB9-09945

The RAD found the RPD erred by narrowly focusing on a required link between agents of harm and state officials rather than assessing the full scope of the Appellants' allegations and nexus to Convention grounds; the PA was credited, adequate state protection was not available, threats persisted and extended nationwide including to Lagos, therefore no viable IFA existed and the Appellants are Convention refugees.

Citation
TB9-09945
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (substitution of RPD Determination)
Outcome
Appeal allowed; RPD decision dated March 18, 2019 set aside; Appellants found to be Convention refugees
Legal Topics
Internal Flight Alternative, Well Founded Fear of Persecution, State Protection, Procedural Fairness, Admissibility of New Evidence (s.110(4) Irpa), Intersectional Nexus, Gender Based Persecution
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Well Founded Fear of Persecution State Protection Procedural Fairness Admissibility of New Evidence (s.110(4) Irpa) +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (substitution of RPD Determination)

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) exists in Lagos
  2. 2 Whether the PA has nexus to a Convention ground (perceived political opinion, religion, membership in particular social group)
  3. 3 Whether state protection is adequate

Ratio Decidendi

The RAD found the RPD erred by narrowly focusing on a required link between agents of harm and state officials rather than assessing the full scope of the Appellants' allegations and nexus to Convention grounds; the PA was credited, adequate state protection was not available, threats persisted and extended nationwide including to Lagos, therefore no viable IFA existed and the Appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD decision dated March 18, 2019 set aside; Appellants found to be Convention refugees

Orders

  • Set aside the Refugee Protection Division determination dated March 18, 2019
  • Substitute determination that the Appellants are Convention refugees pursuant to IRPA s.111(1)(b)