TC3-09070

TC3-09070

New evidence was inadmissible under s.110(4) IRPA as implausible and fortuitous; appellants received adequate procedural notice and opportunity regarding Mérida as an IFA; appellants failed to prove the APH's identity, means or motivation to pursue them to Mérida and failed to show relocation to Mérida would be objectively unreasonable; therefore RPD correctly found a viable IFA and appeal is dismissed.

Citation
TC3-09070
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent (minister): Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 June 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (final)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Procedural Fairness, Gender Considerations, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Procedural Fairness Gender Considerations Convention Refugee Determination

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 6 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent (minister)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (final)

Legal Issues

  1. 1 Whether new evidence meets s.110(4) IRPA and is admissible on appeal
  2. 2 Whether RPD breached procedural fairness by not giving notice of Mérida as an IFA
  3. 3 Whether appellants established no viable Internal Flight Alternative (IFA) in Mérida under Rasaratnam two‑pronged test

Ratio Decidendi

New evidence was inadmissible under s.110(4) IRPA as implausible and fortuitous; appellants received adequate procedural notice and opportunity regarding Mérida as an IFA; appellants failed to prove the APH's identity, means or motivation to pursue them to Mérida and failed to show relocation to Mérida would be objectively unreasonable; therefore RPD correctly found a viable IFA and appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed; RPD decision confirmed