VB9-06279

VB9-06279

The RAD found on the balance of probabilities that Abuja constitutes a viable internal flight alternative: the Appellants failed to prove a serious possibility of persecution there or that relocation would be unduly harsh; the RPD provided adequate notice of possible IFAs at the hearing; reliance on the Nigeria...

Source-derived case information.

Citation
VB9-06279
Parties
Appellant: Principal Appellant; Appellant: Associate Appellant; Appellant: Minor Appellants; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 October 2019
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Internal Flight Alternative, Procedural Fairness, Credibility Assessment, Female Genital Mutilation (fgm), State Protection
Source Language
english
Immigration Law Refugee Law Human Rights Law Internal Flight Alternative Procedural Fairness Credibility Assessment Female Genital Mutilation (fgm) State Protection

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Parties

Principal Appellant

Appellant

Associate Appellant

Appellant

Minor Appellants

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (IFA) in Nigeria (Abuja)
  2. 2 Whether the RPD breached procedural fairness by failing to give notice of proposed IFAs
  3. 3 Whether the Appellants face a serious possibility of persecution or risk of torture if returned

Ratio Decidendi

The RAD found on the balance of probabilities that Abuja constitutes a viable internal flight alternative: the Appellants failed to prove a serious possibility of persecution there or that relocation would be unduly harsh; the RPD provided adequate notice of possible IFAs at the hearing; reliance on the Nigeria Jurisprudential Guide was lawful; therefore the RPD decision rejecting refugee protection was confirmed.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed; decision of the Refugee Protection Division dated July 15, 2019 is confirmed
  • Appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the IRPA