Assignment 3: RAD Appeal This is the third and final assignment in this course. Your client has received the Notice of Decision and written reasons from the Refugee Protection Division. The decision is negative and can be found in its entirety on the "Instructions" tab below.

For this assignment, you will have to prepare a Notice of Appeal and a perfected Appellant's Record challenging the decision. You will have to preparethree documents needed to challenge the decision on appeal:(1)a Notice of Appeal (2) written statement, and (3) memorandum of argumentin accordance, respectively, with subsection 2(3) and paragraphs 3(3)(d) and 3(3)(g) of theRefugee Appeal Division Rules.

Carefully consider the new developments described in the "Instructions" tab.

As with the last assignment, this assignment requires you to draw on the material you have learned throughout the course on the grounds and procedures for refugee claims in Canada (CLO 2 and 3), as well as to practice your advocacy skills (SVO(3) and(5)). Instructions - RPD Decision and New Developments - Your client received the written decision on August 18, 2024.

In preparing your client's appeal, you may rely on all exhibits that were provided inAssignment 2. (See Consolidated List of Documents below.) Consolidated List of Documents -

1. Basis of Claim Narrative - Basis of Claim Narrative of Michelle Ebi 1. I was born on January 27, 1994 in Abuja, Nigeria. I am a citizen of Nigeria and no other country. 2. Prior to coming to Canada, I resided in Abuja. My parents and my brother continue to live there. 3. I am afraid to return to Nigeria because of the physical, verbal and financial abuse from my husband, Michael Ebi. 4. I knew my husband since we were children. Our parents were close friends with his parents. My husband and I began dating when we were attending University of Abuja. We married in 2020. 5. One day in 2021, during an argument, my husband physically abused me. In shock, I left him and went to my parents' home. A few days later, my husband came and apologized to me. He promised to never hit me again. My parents also convinced me that I should forgive him. I accepted his apology and returned to live with him. 6. Unfortunately, the abuse continued after that. He was physically, verbally abusive towards me. For example, in July 2021, my husband threw a beer bottle at me and cut my arm. I had to go to a medical clinic to get stitches. I sometimes received bruises from his abuse. 7. I tried to report the abuse to the police. However, the police in Nigeria do not take domestic abuse seriously. They believe that it is a "family matter". On one occasion, I called the police after one argument. The police came to my home and gave a warning to my husband. They did not charge him or arrest him. This only made my husband angrier towards me. After this incident, I did not try to report any more abuse to the police. 8. My husband is a very traditional man. He had a traditional view of gender roles. He was very controlling. He did not let me work. He controlled all the finances in the home. I had to let him know where I was going every time I wanted to leave the home. 9. Many times, I thought about leaving my husband. However, there was nowhere I could go. My family would not assist me. They do not want me to separate with my husband. They would encourage me to return to my husband as they did before. It is very difficult to relocate anywhere in Nigeria as a single woman. It would be nearly impossible for me to find housing or employment were I to relocate to a different city. 10. Further, I believe that my husband has the resources to find me wherever I go. He is a very successful businessman who is very influential in Abuja area. He was a runner up in a recent municipal election in Abuja. He also has close friends high up in the government and the police force. 11. On October 30, 2023, I came to Canada as a visitor to attend a friend's wedding. I was supposed to return to Nigeria on November 12, 2023. I decided not to return due to the fear of my husband. 12. Ever since then, my husband has been furious with me. He has called and sent hundreds of texts to me demanding that I return to him. My family is also angry with me. They told me that there are rumours in the church and the community that I ran away. They told me that I was ruining their reputation. 13. Initially, I did not know that I could make a refugee claim in Canada based on my fear of domestic violence. It was only in January 2024, when I spoke to a social worker at a shelter who told me that a person in my situation could make a refugee claim. I immediately looked for a representative and initiated this refugee claim. 2. Immigration and Refugee Board of Canada, National Documentation Packages - Nigeria (November 30, 2023) https://www.irb-cisr.gc.ca/en/country-information/ndp/Pages/index.aspx?pid=12129

3. Claimant's Documentary Evidence

Claimant's Documentary Evidence

Item	Title	Page
1	Passport	1
2	National ID Card	2
3	Canadian Visitor's Visa	3
4	Marriage Certificate	4
5	Diploma from the University of Abuja	5
6	A medical Letter confirming a cut on the arm	6
7	News articles about husband's election campaign	7
8	Wedding Invitation to Canada	9
9	Text Messages from husband and family	10

4. Country Conditions Document Package (CCDP) -

Country Conditions Evidence

1	Nigerian Women say 'No' to Gender-Based Violence,United Nations, undated,https://www.un.org/africarenewal/news/nigerian-women-say-%E2%80%98no%E2%80%99-gender-based-violence	1
2	Domestic Violence in Nigeria: The Road to Gender Equality and Empowerment,Vanguard, 11 July 2023,https://www.vanguardngr.com/2023/07/domestic-violence-in-nigeria-the-road-to-gender-equality-and-empowerment/	10
3	Why Single Nigerian Women Battle to Rent Homes,BBC News, 14 August 2018,https://www.bbc.com/news/world-africa-45169688	15

New Documents

A - RPD Decision - INTRODUCTION [1] The claimant, Michelle Ebi, is a citizen of Nigeria. She claims refugee protection under ss 96 and 97 of the Immigration and Refugee Protection Act (the "Act" or "IRPA").1 ALLEGATIONS2 [2] The claimant's allegations are fully set out in his Basis of Claim (BOC) narrative. [3] The claimant is a woman from Abuja, Nigeria. She alleges a fear for her life because she faces verbal, physical and financial abuse from her husband. [4] The claimant married her husband in 2020. Beginning in 2021, her husband became abusive towards her. [5] On several occasions, the claimant received injuries from the abuse. In 2021, the claimant received a cut on her arm from a bottle that her husband threw at her. She had to receive medical treatment. The claimant also alleges that she received bruises from the assaults. [6] The claimant tried to report the abuse to the police in Nigeria. However, each time, the police only gave a warning to her husband. They did not arrest him or charge him with any offences. Her attempts to receive protection only angered her husband. [7] In October 30, 2023, she came to Canada as a visitor to attend a friend's wedding. She was supposed to return to Nigeria on November 12, 2023. However, she did not return to Nigeria. [8] The claimant has been receiving angry messages from her husband demanding that she return to Nigeria. [9] On January 30, 2024, the claimant filed a refugee claim in Canada. DETERMINATION [10] For the reasons below, the panel finds the claimant is neither a Convention refugee under section 96 of the Act nor a person in need of protection under section 97. IDENTITY [11] The claimant's identity was established by means of her testimony and her Nigerian passport. ANALYSIS

[12] The determinative issue in this claim is credibility and internal flight alternative Credibility [13] I am mindful of the well-established principle that a refugee's sworn testimony is presumed to be true unless there are good reasons to doubt the truthfulness. [14] I am also guided by the Chairperson's Guideline 4: Gender Considerations in Proceedings Before the Immigration and Refugee Board. [15] However, after carefully listening to the claimant's testimony and the documentary evidence, I do have some concerns with respect to her credibility. Victim of Domestic Violence [16] First of all, I accept that in the past she was a victim of domestic violence. I note the medical report from July 2021, which corroborates her testimony that her husband threw a beer bottle at her causing a cut on her arm. The medical report confirms that she had to receive stitches on her arm on this occasion. [17] However, what I doubt is whether there is a future risk of abuse from her husband. [18] Apart from the incident in July 2021, there were no other corroborating evidence submitted to support her allegation that abuse had been continuing up until she left Nigeria in October 2023. [19] Her actions also raises doubt about whether she was truly a victim of continuing abuse. She testified that she experienced verbal, physical and financial abuse for many years. She also testified that her husband did not allow her to work and did not let her leave the home freely without his permission. Despite this abhorrent treatment, the claimant did not attempt to leave her husband. When I put this concern to her, she explained that she did not have anywhere to go. She explained that there was no one that could help her because even her own family would not assist her. [20] I find her explanation to be not reasonable. If she was truly experiencing the abuse that she alleged in her testimony, I find that a reasonable person would try to leave that relationship earlier. In this case, it was only by chance (attending a wedding in Canada) that she left Nigeria and her husband. [21] The claimant also submitted text messages from her husband that she allegedly received after deciding not to return to Nigeria. The text messages do show that the husband is upset about the situation and wants the claimant to return to Nigeria. However, there were no messages where any direct threats of violence were made. Further, there were no messages that indicated that there may have been abuse in the relationship in the past. Therefore, these messages do not establish that she faces a future risk of abuse.

[22] In conclusion, although I find that she may have experience abuse in the past, I do not find that there is enough credible evidence before me to establish that she faces a future risk of abuse if returned to Nigeria. Delay in Claiming [23] I also find it concerning that there was a significant delay in initiating a refugee claim in Canada. She came to Canada on October 30, 2023. She filed her refugee claim on January 30, 2024. [24] In testimony, she explained that the delay was because she did not know that a victim of domestic violence could make a refugee claim in Canada. She testified that in January 2024, she disclosed to a shelter worker of the abuse that she received from her husband. The worker advised her to make a refugee claim. [25] The claimant is a university-educated woman from a middle-upper class family in Nigeria. If she were truly afraid to return to Nigeria, I would have expected her to research about possible ways of staying in Canada sooner. Further, I would expect someone in her situation to share her experience with workers and support staff at shelters sooner. [26] As pointed out in James C. Hathaway. The Law of Refugee Status (Toronto: Butterworths, 1991), at page 53, "the Convention establishes [in Article 31(1)] an obligation on refugees to 'present themselves without delay to the authorities and show good cause for their illegal entry or presence.' It seems right, therefore, to inquire into the circumstances of any protracted postponement of a refugee claim as a means of evaluating the sincerity of the claimant's need for protection. ... Where there is no reasonable excuse for the delay, an inference of evasion going to credibility is often warranted." [27] Accordingly, I find that her delayed actions demonstrate that she may not have subjective fear of persecution in Nigeria. INTERNAL FLIGHT ALTERNATIVE [27] In the event that I am wrong about my credibility assessment, I find that there is an internal flight alternative (IFA) for the claimant in Lagos or Ibadan, Nigeria. [28] The claimant's husband resides in Abuja, Nigeria. The claimant's family and the inlaws all reside in Abuja, Nigeria. [29] When I asked the claimant why she could not be safe in Lagos or Ibadan, the claimant testified that her husband is a resourceful and influential man. She explained that he has the means to find anyone in Nigeria through his political connections. She also testified that the Christian community is well-connected in Nigeria. If she were to attend a church in Lagos or Ibadan, word will eventually reach Abuja about her whereabouts. [30] The claimant's response fails to establish how exactly the husband will be able to find her in Lagos or Ibadan. Both Lagos and Ibadan are more than 500km away from Abuja. There is no evidence before me that the husband has any influence in Lagos or Ibadan. Both Lagos and Ibadan are metropolitan cities with large populations. I find that there is very little chance that the claimant would be found in the proposed IFA locations. [31] While I understand her concerns that she may be found by the church community, she can simply avoid this risk by not attending a church in Lagos or Ibadan. [31] Therefore, I find that there is an internal flight alternative for the claimant in Nigeria. CONCLUSION [28] For the foregoing reasons, the panel determines that the claimant is neither a Convention refugee under section 96 of the IRPA nor a person in need of protection under paragraph 97(1)(a) or 97(1)(b) of the IRPA. The panel therefore rejects her claim for refugee protection.

(signed) N. Azer N. A zer August 18, 2024 Date

B - New Evidence ( Letter from Friend)

August 24, 2024 To whom it may concern, My name is Florence Adegoke. I am a citizen of Nigeria and a permanent resident of Canada. I have been a friend of Michelle Ebi since 2018 when we both attended university in Abuja. On August 24, 2024 I received a call from a Nigerian number. When I answered the call, the man on the phone identified himself as Michael. He said that he was the husband of Michelle. He demanded to know the whereabouts of Michelle. He told me that Michelle has brought upon him great shame in Nigeria. He threatened that he will come to Canada and find her if she did not return to Nigeria. He said that Michelle will "get what she deserves" once he finds her. I was so frightened that I immediately hung up the phone. Sincerely, [signature] Florence Adegoke [Permanent Residence card attached as I.D.]

Draft a detailed persuasive RAD appeal Memo whichshould refer to evidence (new evidence, evidence entered at the RPD hearing, NDP, etc.) as well as case law to support their arguments about why the RPD erred.

Target length

Your memo for this assignment should be 2500 words. Please include your word count at the end of the memo.

Below are the possible grounds for appeal -

I. Errors in the RPD's Credibility Findings

The RPD's decision to question the appellant's credibility was unreasonable. The appellant testified about her history of domestic violence at the hands of her husband, who is a politically connected figure in Nigeria. The RPD accepted this history but then unjustifiably doubted her testimony regarding the continuation of that risk. The decision failed to consider the psychological impact of domestic violence and the socio-economic barriers in Nigeria, which make it difficult for women to escape such situations.

II. Failure to Properly Assess the Risk of Future Harm

The RPD underestimated the ongoing risk to the appellant if she returns to Nigeria. The decision did not adequately address the evidence showing that her husband continues to pose a significant threat, particularly given his political connections and influence. The new evidence submitted by the appellant, a letter from her friend Florence Adegoke, corroborates her fear of persecution and directly challenges the RPD's conclusion that her husband's influence is limited to Abuja.

III. Improper Application of the Internal Flight Alternative (IFA)

The RPD's conclusion that an internal flight alternative exists in Lagos or Ibadan is not supported by the evidence. The RPD did not take into account the pervasive influence of the appellant's husband and the cultural and societal challenges she would face as a single woman in Nigeria. Case law has established that the mere existence of large urban centers does not negate the risk posed by a determined persecutor.

IV. New Evidence and Request for Oral Hearing

The appellant seeks to introduce new evidence, specifically the letter from Florence Adegoke, which was not available at the time of the RPD hearing. This evidence is crucial as it directly contradicts the RPD's findings and supports the appellant's claim of ongoing persecution. In light of this new evidence, the appellant also requests an oral hearing before the RAD under section 110(6) of the IRPA.

Expand the above grounds for appeal with two possible supportive and persuasive case laws each for the above 4 points appeal basis.