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Judicial review dismissed on IFA finding; current counsel ordered to pay costs.
The applicants, a family from Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their refugee claims based on the availability of an Internal Flight Alternative (IFA) in Lagos.
The applicants' current counsel alleged that their former RAD counsel were incompetent for failing to raise the incompetence of their initial Refugee Protection Division (RPD) counsel.
The Federal Court found no incompetence by the RAD counsel, noting that the allegations were unfounded and unsupported by the record.
Furthermore, even if there had been incompetence, there was no prejudice because the IFA finding was determinative.
The application for judicial review was dismissed, and costs of $1.00 were ordered payable by the applicants' current counsel to the former RAD counsel for the unfounded allegations.
