Canada Case Law

VB9-07244

Court

Refugee Appeal Division

The RPD erred by concluding State protection was adequate regarding threats from the Hausa buyers without addressing cogent National Documentation Package evidence demonstrating the Nigerian Police Force's operational deficiencies and endemic corruption; accordingly the RAD allowed the appeal in part and referred the matter to the RPD for re‑determination by a differently constituted Panel pursuant to s.111(1)(c) IRPA.

Source excerpt

• State protection
• Admission of new evidence
• Standard of review
• Referral for re-determination
• Operational adequacy of police

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Vagner v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court upheld the refusal of refugee protection, finding the applicants had not rebutted state protection in Slovakia on the evidence.

• State protection
• Burden to seek state protection
• Country conditions (roma in slovakia)
• Reasonableness review
• Operational adequacy of police
• State-protection

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