TB9-28108

TB9-28108

Although the appellants were credible on allegations of past domestic abuse, the RPD correctly found delay in claiming protection and, critically, that the United Kingdom provided adequate operational state protection historically and would likely do so again; therefore the appellants are not Convention refugees nor persons in need of protection and the RAD dismisses the appeal.

Citation
TB9-28108
Parties
Appellants: XXXX XXXX XXXX XXXX XXXX and her children and XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 December 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Delay in Claiming Refugee Status, Gender Based Persecution, Credibility
Source Language
English
Immigration Law Refugee Protection Human Rights Family Law/domestic Violence State Protection Delay in Claiming Refugee Status Gender Based Persecution Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXX and her children and XXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX

Appellants

Minister

Respondent

XXXX XXXX XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the United Kingdom would provide adequate state protection to the appellants
  2. 2 Whether the appellants' delay in claiming refugee protection undermines credibility and the claim
  3. 3 Whether it was necessary to assess risk in Nigeria once the UK claim failed

Ratio Decidendi

Although the appellants were credible on allegations of past domestic abuse, the RPD correctly found delay in claiming protection and, critically, that the United Kingdom provided adequate operational state protection historically and would likely do so again; therefore the appellants are not Convention refugees nor persons in need of protection and the RAD dismisses the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection