The applicants, a family from Nigeria, sought judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal and confirming the Refugee Protection Division's finding that they had a viable internal flight alternative (IFA) in Benin City.
They claimed fear of persecution from extended family demanding the 13-year-old daughter undergo female genital mutilation.
The applicants argued the RAD failed to assess the minor daughter's particular circumstances under the second prong of the IFA test.
The Federal Court dismissed the application, finding it was the applicants' onus to provide evidence that the IFA was unreasonable, which they failed to do, and the RAD was not required to consider arguments not raised before it.
