Ultimately, the Appeal Board affirmed RPD’s decision denying asylum:
“I do not find any evidence that the RPD misapprehended the documentary evidence with respect to the Fulani Herdsmen. The RPD did not dispute the gravity of the conflict. It considered the totality of the evidence. The RPD considered this evidence within the context of the determinative issue of IFA. The RPD noted that the conflict is restricted to Nigeria’s middle belt region and proposed an IFA that not in this region. I find no error in this analysis.” (¶ 61)
Potential takeaways for future climate migration litigation
- Evidence on the impacts of climate change contained in National Documentation Packages (lists of public documents that provide information on country conditions, compiled by the Immigration and Refugee Board of Canada), was found admissible in Immigration and Refugee Board hearings, and may be factored into future IFA analysis by the Board and Appeal Board.
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