Daniel Epstein

The applicant applied for a travel document to return to Canada but was refused for failing to meet the residency requirement of 730 days in a five-year period.

The Immigration Appeal Division dismissed his appeal, finding that his reasons for an extended stay in Lebanon—initially to care for his father and later to work—did not outweigh the significant breach of his residency obligation, despite some economic hardship.

The Federal Court dismissed the application for judicial review, concluding that the IAD reasonably assessed the evidence and factors.

The applicants, citizens of Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision confirming that they had a viable internal flight alternative (IFA) in Port Harcourt.

The principal applicant, a former government official, argued he would be targeted for kidnapping.

The Court found the RAD reasonably applied the second prong of the IFA test, concluding there was insufficient concrete evidence that the applicants would be personally targeted or face conditions jeopardizing their life and safety in Port Harcourt.

The application for judicial review was dismissed.