Can you help me write a persuasive RAD Memo? You should 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.

Here is the 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

1 Immigration and Refugee Protection Act, S.C. 2001, c. 27.

2 Exhibit 1 - Basis of Claim Narrative.

[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.

Here is the BOC:

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.

Here is the new evidence:

New Evidence

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

A memorandum, which is a document that gives as many details as possible about:

• the specific mistakes made by the RPD that you want the RAD to review;
• where to find these mistakes in the RPD reasons or in the recording or transcript of the hearing;
• if your appeal is based on documents that the RPD member did not have when the RPD decision was made, how this new evidence meets the requirements of subsection110(4) of the IRPA and how it is related to your situation;
• if you are asking for an oral hearing, how the new evidence you are providing meets the requirements of subsection110(6) of the IRPA, which requires that it raises a serious issue about your credibility, that it is central to the RPD decision, and that, if accepted, would justify allowing your refugee protection claim; and
• what decision you want the RAD to make.