TB7-09895

TB7-09895

The RAD confirmed the RPD because the appellants failed to meet their burden to show that relocation to Lagos, Abuja, Ibadan or Port Harcourt would not be viable or would be unduly harsh, the new affidavits were inadmissible and lacked credibility under s.110(4) and Raza factors, and on a balance of probabilities...

Source-derived case information.

Citation
TB7-09895
Parties
Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 November 2017
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation, Admissibility of New Evidence, Standard of Review
Source Language
english
Immigration Refugee Law International Human Rights Internal Flight Alternative Female Genital Mutilation Admissibility of New Evidence Standard of Review

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Parties

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Viability of internal flight alternative (IFA) in Nigeria
  2. 2 Admissibility of new evidence under s.110(4) of the Immigration and Refugee Protection Act
  3. 3 Whether appellants face a serious possibility of persecution in proposed IFA locations

Ratio Decidendi

The RAD confirmed the RPD because the appellants failed to meet their burden to show that relocation to Lagos, Abuja, Ibadan or Port Harcourt would not be viable or would be unduly harsh, the new affidavits were inadmissible and lacked credibility under s.110(4) and Raza factors, and on a balance of probabilities there is no serious possibility of persecution or risk of torture, death or cruel treatment in Nigeria.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act, the RAD confirms the RPD decision that the appellants are neither Convention refugees nor persons in need of protection.
  • The appeal is dismissed.