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Please note that this country guidance document has been replaced by a more recent one. The latest versions of country guidance documents are available at https://easo.europa.eu/country-guidance.

COMMON ANALYSIS
Last updated: February 2019
 

 

This subsection includes conclusions on the reasonableness of IPA for particular profiles of applicants.

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It should be highlighted that these conclusions are without prejudice to the criteria of safety, travel and admittance.
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In summary, it could be substantiated that IPA in Lagos or elsewhere in Nigeria (excluding states/areas with security problems) would in general be reasonable for single able-bodied men and (married) couples, who have no additional vulnerabilities, including when they do not have a support network. In the assessment of the reasonableness of IPA for other profiles, the analysis should take into consideration all individual circumstances.

The table below highlights the individual considerations, which were key in reaching the general conclusions regarding the commonly encountered profiles. This is without prejudice to the need to fully assess all individual circumstances in the case at hand.

In cases where the applicant is a child or the applicant is accompanied by a child, the best interests of the child shall be a primary consideration.

Single able-bodied men

In general, IPA could be considered reasonable for a single able-bodied man, including where he has no support network in the IPA area.

Although the situation related to settling in the IPA area entails certain hardships, such applicants are generally able to ensure their basic subsistence, shelter and hygiene, taking into account the fact that their individual circumstances do not pose additional vulnerabilities.

The following can in particular be taken into account:

     ■ Age: the applicant is of a working age, which would assist in his access to basic subsistence, in particular with regard to the opportunity to engage in employment.

     ■ Gender: no additional vulnerabilities are attached to the fact of being a man in Nigeria.

     ■ Family status: the applicant does not have additional responsibilities other than ensuring his own subsistence and no additional vulnerabilities are attached to being a single man.

     ■ State of health: the applicant does not suffer from any serious health condition.

     ■ Religion, ethnicity, local knowledge: the religion, ethnic origin and language(s) spoken by the applicant should be taken into account when selecting a potential IPA area. It should be noted that in Lagos and other large cities, this factor would be of less significance, due to the diversity of their population and spoken languages.

     ■ Socio-economic background: the background of the applicant, including education, profession and available financial means could be taken into account, especially in case those would be relevant to the coping mechanisms the applicant would have for settling in the IPA area.

     ■ Support network: while a support network would be of assistance in accessing the means to ensure one’s subsistence, in the case of single able-bodied men this would not be a necessary prerequisite in order to find that IPA is reasonable.

Single able-bodied women

Before examining the ‘reasonableness’ of IPA, the ‘safety’ criterion should be carefully examined with regard to specific gender-related risk-enhancing circumstances.

IPA may be reasonable, depending on the individual circumstances of the applicant.

The following elements are of importance when examining the criterion of reasonableness:

     ■ Age: the applicant is of a working age, which would assist in her access to basic subsistence, in particular with regard to the opportunity to engage in employment.

     ■ Gender: women may encounter additional difficulties in relation to education, work, housing, etc.

     ■ Family status: being a single mother or a widow may raise additional considerations. In the case of a single mother, the needs and the best interest of the child should be taken into account.

     ■ State of health: the applicant does not suffer from any serious health condition.

     ■ Religion, ethnicity, local knowledge: The religion, ethnic origin and language(s) spoken by the applicant should be taken into account when selecting a potential IPA area. It should be noted that in Lagos and other large cities, this factor would be of less significance, due to the diversity of their population and spoken languages.

     ■ Socio-economic background: the background of the applicant, including education, profession and available financial means could be taken into account, especially in case those would be relevant to the coping mechanisms the applicant would have for settling in the IPA area.

     ■ Support network: The existence of a support network, such as family and friends, could be taken into account. In some cases, women would need to be assisted by members of the core or extended family (e.g. depending on the woman’s ethnicity and religion).

(Married) couples of working age

In general, IPA could be considered reasonable for married couples, including where they have no support network in the IPA area.

The assessment should take into account the elements mentioned above with regard to single men. However, the individual assessment should further examine whether in the situation of the couple sufficient basic subsistence can be ensured for both.

For couples with children, the individual circumstances and rights of the child should be taken in particular consideration, such as the access to basic education.

Unaccompanied children

Before examining the ‘reasonableness’ of IPA, the ‘safety’ criterion should be carefully examined with regard to specific age-related risk-enhancing circumstances.

In general, IPA would not be reasonable for children without a support network in the respective part of Nigeria.

The following elements should in particular be taken into account when examining the criterion of reasonableness:

     ■ Age: due to their young age, children in general need to depend on other providers for their basic subsistence. In addition, they have specific rights and needs, which should be ensured in accordance with international instruments, such as the Convention on the Rights of the Child.

     ■ Access to education: the question of access to basic education should be assessed in relation to the general situation as well as the individual circumstances of the child. In general, such access would be limited for unaccompanied children, however, their individual circumstances in terms of social background and available means of basic subsistence should be taken into account.

     ■ Access to housing and shelter: the lack of funding and the conditions in orphanages should be taken into account.

     ■ Support network: the existence of a support network in the potential area of IPA, which would be able to ensure the subsistence of the child, as well as their access to education and basic health care, is crucial in the assessment of IPA for unaccompanied children.

Applicants with severe illnesses or disabilities

In general, IPA would not be reasonable for applicants with severe illnesses or disabilities. Individual circumstances, such as sufficient financial means and/or a support network could, however, be taken into account.

The main elements to take into account include:

     ■ State of health: depending on the health condition of the applicant, the limited accessibility of health care in various parts of Nigeria may place the applicant at an enhanced risk. Additionally, severe illnesses and disabilities would hinder the applicant’s ability to ensure his or her basic subsistence, in particular through means of employment.

     ■ Social and economic background and support network: access to health care largely depends on the financial means of the person or the means accessible through a support network.

Elderly applicants

IPA may be reasonable, depending on the individual circumstances of the applicant, and in particular the availability of a support network in the respective part of Nigeria or of financial means.

The following elements are of particular importance in this assessment:

     ■ Age: although there is no specific threshold for a person to be considered elderly, the assessment should take into account the applicant’s age in terms of access to means of basic subsistence, in particular through employment. The perception of age in the country of origin should in particular be taken into account.

     ■ State of health: additionally, the state of health of an elderly applicant may cause difficulties in access to basic means of subsistence such as through employment.

     ■ Socio-economic background and support network: in general, the vulnerabilities of an elderly applicant could make him or her dependent on a support network. The individual’s social and economic situation should be taken into account in this regard.

Victims of trafficking

Before examining the ‘reasonableness’ of IPA, the ‘safety’ criterion should be carefully examined with regard to specific risk-enhancing circumstances.

IPA may be reasonable, depending on the individual circumstances of the applicant, and in particular the availability of financial means or a support network in the respective part of Nigeria.

The following elements are of particular importance in this assessment:

     ■ Age: the assessment should take into account the applicant’s age in terms of access to means of basic subsistence, in particular through employment.

     ■ State of health: additionally, the state of health of some victims of trafficking may pose additional vulnerabilities and cause difficulties in access to basic means of subsistence such as through employment.

     ■ Socio-economic background and support network: The individual’s social and economic situation should be taken into account in this regard. The vulnerabilities of a victim of trafficking could make him or her dependent on State and/or NGO assistance, and/or on a support network. On the other hand, some victims of trafficking may have available financial means.