VB9-07687

VB9-07687

On an independent assessment the RAD found the appellants credible, that the Eiye cult had sufficient reach and motive to locate the appellants in Port Harcourt, and that state protection in Nigeria was inadequate; accordingly there was a serious possibility of persecution in the proposed IFA and no viable IFA existed, making the appellants Convention refugees under s.96 IRPA; the RAD substituted the RPD decision and allowed the appeal.

Citation
VB9-07687
Parties
Appellant: Principal Appellant (name redacted); Appellant: Dependent Minor Children (names redacted); Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 December 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (substitution Under S.111(1)(b) Irpa)
Outcome
Appeal allowed; RAD substitutes decision that the Principal Appellant and Dependent Minor Children are Convention refugees under section 96 IRPA
Legal Topics
Internal Flight Alternative, State Protection, Credibility Assessment, Convention Refugee Determination, Gender Related Persecution, Child Refugee Claims
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection Credibility Assessment Convention Refugee Determination Gender Related Persecution +1 more

Case Brief

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Parties

Principal Appellant (name redacted)

Appellant

Dependent Minor Children (names redacted)

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (substitution Under S.111(1)(b) Irpa)

Legal Issues

  1. 1 Whether a viable Internal Flight Alternative (IFA) existed in Port Harcourt
  2. 2 Whether state protection in Nigeria was available and effective
  3. 3 Whether the appellants' testimony was credible

Ratio Decidendi

On an independent assessment the RAD found the appellants credible, that the Eiye cult had sufficient reach and motive to locate the appellants in Port Harcourt, and that state protection in Nigeria was inadequate; accordingly there was a serious possibility of persecution in the proposed IFA and no viable IFA existed, making the appellants Convention refugees under s.96 IRPA; the RAD substituted the RPD decision and allowed the appeal.

Court Disposition

Appeal allowed; RAD substitutes decision that the Principal Appellant and Dependent Minor Children are Convention refugees under section 96 IRPA

Orders

  • Appeal allowed
  • RAD substitutes the RPD decision with a determination that the appellants are Convention refugees under s.96 IRPA pursuant to s.111(1)(b) IRPA