TA5-12204

TA5-12204

On the evidence the claimant did not demonstrate a well-founded fear of persecution or a real risk of torture or cruel and unusual treatment because documented studies show the relevant widowhood practices are not uniformly coercive or amount to persecution, the most serious consequence would be loss of inheritance which does not meet the persecution threshold, the claimant's adult children reside in Lagos and an internal flight alternative to Lagos is reasonable, and the claimant's allegations and risk assertions are not sufficiently substantiated.

Citation
TA5-12204
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: The Minister; Designated Representative: Refugee Protection Officer (Designated Representative)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 September 2006
Procedural Posture
Refugee Protection Claim Under IRPA Including Convention Ground and Ss.97(1)(a) and 97(1)(b) Assessment / Hearing and Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Particular Social Group, Widowhood Practices, Internal Flight Alternative, Convention Refugee Determination, Risk of Torture/cruel Treatment
Source Language
English
Immigration Refugee Law Human Rights Particular Social Group Widowhood Practices Internal Flight Alternative Convention Refugee Determination Risk of Torture/cruel Treatment

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Parties

XXXXX XXXXX XXXXX

Claimant

The Minister

Respondent

Refugee Protection Officer (Designated Representative)

Designated Representative

Procedural Posture

Refugee Protection Claim Under IRPA Including Convention Ground and Ss.97(1)(a) and 97(1)(b) Assessment / Hearing and Decision

Legal Issues

  1. 1 Whether forced or coercive widowhood rituals in Igbo society amount to persecution for membership of a particular social group
  2. 2 Whether the claimant has a well-founded fear of persecution or faces a risk of torture or cruel and unusual treatment if returned to Nigeria
  3. 3 Whether an internal flight alternative (Lagos or Benin City) is reasonable and safe in the claimant's circumstances

Ratio Decidendi

On the evidence the claimant did not demonstrate a well-founded fear of persecution or a real risk of torture or cruel and unusual treatment because documented studies show the relevant widowhood practices are not uniformly coercive or amount to persecution, the most serious consequence would be loss of inheritance which does not meet the persecution threshold, the claimant's adult children reside in Lagos and an internal flight alternative to Lagos is reasonable, and the claimant's allegations and risk assertions are not sufficiently substantiated.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.