MC0-08944

MC0-08944

The RPD erred in its credibility assessment regarding motive and in finding viable IFAs; objective country evidence and credible testimony establish that the Appellants face a serious possibility of persecution in Nigeria based on political opinion (Biafran veteran and imputed opinion), religion (Christian) and race/ethnicity (Igbo), state protection is unavailable or inadequate, and the Appellants are Convention refugees under section 96 IRPA.

Citation
MC0-08944
Parties
Appellant: Principal Appellant; Appellant: Associate Appellant
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 June 2021
Procedural Posture
Refugee Appeal / Appeal Decision by Refugee Appeal Division
Outcome
Appeal allowed; RPD decision set aside; Appellants declared Convention refugees under section 96 IRPA
Legal Topics
Credibility, Internal Flight Alternative, State Protection, Exclusion Under 1 F, Nexus to Convention, Political Opinion
Source Language
English
Immigration Refugee Law Human Rights Credibility Internal Flight Alternative State Protection Exclusion Under 1 F Nexus to Convention +1 more

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 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Principal Appellant

Appellant

Associate Appellant

Appellant

Procedural Posture

Refugee Appeal / Appeal Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in credibility findings regarding motive for attack
  2. 2 Whether there is a viable internal flight alternative (IFA) in Lagos or Benin City
  3. 3 Whether the Principal Appellant is excluded under Article 1F of the Refugee Convention

Ratio Decidendi

The RPD erred in its credibility assessment regarding motive and in finding viable IFAs; objective country evidence and credible testimony establish that the Appellants face a serious possibility of persecution in Nigeria based on political opinion (Biafran veteran and imputed opinion), religion (Christian) and race/ethnicity (Igbo), state protection is unavailable or inadequate, and the Appellants are Convention refugees under section 96 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; Appellants declared Convention refugees under section 96 IRPA

Orders

  • Appeal allowed
  • RPD decision set aside