TC2-00206

TC2-00206

The appeal is dismissed because the RAD found the RPD's core conclusions correct: the appellant failed to establish a sur place claim based on mental health and failed to demonstrate lack of a viable IFA in Abuja; available medical evidence did not show incapacity to participate or a forward‑looking risk that would preclude safe relocation, and the RPD provided reasonable procedural accommodations and acted within discretion in refusing a paper‑based hearing and in weighing medical reports and corroboration requirements.

Citation
TC2-00206
Parties
Appellant / Person in Cause: XXXX XXXX XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 June 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / RAD Decision on Appeal (dismissal)
Outcome
Appeal dismissed; decision of the Refugee Protection Division affirmed
Legal Topics
Internal Flight Alternative, Procedural Fairness, Credibility Assessment, Mental Health / Sur Place Claim, New Evidence, Paper Based Hearing Request
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Procedural Fairness Credibility Assessment Mental Health / Sur Place Claim New Evidence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXX

Appellant / Person in Cause

Minister of Citizenship and Immigration

Respondent / Minister

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / RAD Decision on Appeal (dismissal)

Legal Issues

  1. 1 Whether the RPD breached procedural fairness
  2. 2 Whether medical evidence and mental health were properly weighed and whether a sur place claim arises
  3. 3 Whether the RPD erred in refusing a paper-based hearing

Ratio Decidendi

The appeal is dismissed because the RAD found the RPD's core conclusions correct: the appellant failed to establish a sur place claim based on mental health and failed to demonstrate lack of a viable IFA in Abuja; available medical evidence did not show incapacity to participate or a forward‑looking risk that would preclude safe relocation, and the RPD provided reasonable procedural accommodations and acted within discretion in refusing a paper‑based hearing and in weighing medical reports and corroboration requirements.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division affirmed

Orders

  • Appeal dismissed and RPD decision dated December 21, 2021 confirmed
  • No new evidence admitted on appeal; no oral hearing granted under s.110(6) IRPA