MB9-30091

MB9-30091

The RAD found the RPD erred on credibility and on finding a viable internal flight alternative; on the balance of probabilities the Appellants face a serious possibility of persecution in Nigeria based on imputed political opinion, state protection is inadequate, and there is no safe or reasonable IFA in Nigeria, therefore the RPD decision is set aside and a positive decision substituted finding them Convention refugees under s.96 IRPA.

Citation
MB9-30091
Parties
Appellant: Principal Appellant (name redacted); Appellant: Associate Appellant (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2020
Procedural Posture
Refugee Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Appeal allowed; RPD decision set aside; substitute decision that Appellants are Convention refugees
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility Assessment, State Protection, Imputed Political Opinion
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Internal Flight Alternative Credibility Assessment State Protection Imputed Political Opinion

Case Brief

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Parties

Principal Appellant (name redacted)

Appellant

Associate Appellant (name redacted)

Appellant

Procedural Posture

Refugee Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether the Appellants have nexus to the Convention on grounds of imputed political opinion
  2. 2 Whether the RPD erred in credibility findings
  3. 3 Whether there is a viable internal flight alternative (IFA) within Nigeria

Ratio Decidendi

The RAD found the RPD erred on credibility and on finding a viable internal flight alternative; on the balance of probabilities the Appellants face a serious possibility of persecution in Nigeria based on imputed political opinion, state protection is inadequate, and there is no safe or reasonable IFA in Nigeria, therefore the RPD decision is set aside and a positive decision substituted finding them Convention refugees under s.96 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; substitute decision that Appellants are Convention refugees

Orders

  • Appeal allowed
  • RPD decision set aside