Karim Escalona

The applicants sought judicial review of a Refugee Appeal Division decision dismissing their refugee claims on the basis of an internal flight alternative.

The Federal Court allowed the application, finding that the RAD unreasonably concluded the applicants would not be of ongoing interest to Fulani herdsmen by relying on documentary evidence that attacks focus on clearing land, while ignoring contradictory evidence in the same document that some attacks are motivated by retribution or revenge.

The applicants sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming that they had a viable Internal Flight Alternative (IFA) in Abuja, Nigeria.

The applicants claimed a fear of persecution from family members in Lagos demanding they undergo female genital mutilation.

The RAD found they failed to establish that their agents of persecution could locate them in Abuja or that it would be unreasonable to relocate there.

The Federal Court found the RAD's decision to be reasonable and dismissed the application.