On July 6, 2018, pursuant to s. 159(1)(h) of the
Immigration and Refugee Protection Act and the
Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 3, 2019) and following consultation with the Deputy Chairpersons of the Refugee Protection Division and the Refugee Appeal Division (RAD), the Immigration and Refugee Board of Canada's Chairperson identified the following decision of the RAD as a jurisprudential guide:
TB7-19851, Gamble, May 17, 2018.
Scope: Internal flight alternatives in major cities in south and central Nigeria for claimants fleeing non-state actors
The decision found that, based on the documentary evidence available at the time, there are several large cities in Nigeria that may, depending on the facts of the case, serve as viable internal flight alternatives (IFAs) for persons fleeing non-state actors. The decision was identified as a jurisprudential guide because it offers sound analysis of the legal and factual issues raised and as such, would assist other panels dealing with similar cases.
Developments in the country of origin information, including those in relation to the ability of single women to relocate to the various internal flight alternatives proposed in the Nigeria jurisprudential guide, have diminished the value of the decision as a jurisprudential guide.
The IRB is committed to regularly reviewing the most current country of origin information available and to addressing any issues identified regarding the continued application of the Jurisprudential Guide. Accordingly, as of 6 April 2020 the identification of decision TB7-19851 as a jurisprudential guide is revoked.
The framework of analysis of the revoked jurisprudential guide, absent any of the factual findings, will be identified as a RAD Reasons of Interest decision. The framework includes the legal test for identifying a viable internal flight alternative as well as the seven factors set out at paragraphs 14-15 and 21-30. In this way, members will be able to use the analytical framework in assessing the facts of each case as well as the most current country of origin information.
Immigration and Refugee Board of Canada