TB8-33731

TB8-33731

The RIR was admitted but, on balance of probabilities, the evidence fails to establish an objective basis that a deceased husband's family in Nigeria would be able to and would be likely to abduct the child; the RPD did not breach procedural fairness; Abuja is a safe and reasonable internal flight alternative; therefore the RPD's refusal is confirmed under s.111(1)(a) IRPA and the appeals are dismissed.

Citation
TB8-33731
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 July 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons)
Outcome
Appeals dismissed; RPD decision confirmed that appellants are neither refugees nor persons in need of protection
Legal Topics
Well Founded Fear, Internal Flight Alternative, Procedural Fairness, Admissibility of New Evidence, Gender Based Persecution, Child Refugee Claimants
Source Language
English
Immigration Law Refugee Law Administrative Law Well Founded Fear Internal Flight Alternative Procedural Fairness Admissibility of New Evidence Gender Based Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons)

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA
  2. 2 Whether RPD breached procedural fairness by not explicitly stating objective basis was an issue
  3. 3 Whether there was sufficient objective evidence that a deceased husband's family would abduct the child

Ratio Decidendi

The RIR was admitted but, on balance of probabilities, the evidence fails to establish an objective basis that a deceased husband's family in Nigeria would be able to and would be likely to abduct the child; the RPD did not breach procedural fairness; Abuja is a safe and reasonable internal flight alternative; therefore the RPD's refusal is confirmed under s.111(1)(a) IRPA and the appeals are dismissed.

Court Disposition

Appeals dismissed; RPD decision confirmed that appellants are neither refugees nor persons in need of protection

Orders

  • Appeals dismissed
  • RPD decision confirmed pursuant to s.111(1)(a) of the IRPA