VB3-01771

VB3-01771

RAD dismissed the appeal and confirmed the RPD decision because the RPD reasonably found the appellants credible, conducted the required individualized forward‑looking assessment under s.97, reasonably concluded the appellants had an IFA in Cartagena, and correctly excluded the undated article as not new, relevant or material under s.110(4).

Citation
VB3-01771
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associated Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 November 2013
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad Confirms Rpd)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Standard of Review, New Evidence (s.110(4)), Credibility Assessment, Extortion by Non State Actors (farc), Internally Displaced Persons and Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Standard of Review New Evidence (s.110(4)) Credibility Assessment Extortion by Non State Actors (farc) +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associated Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad Confirms Rpd)

Legal Issues

  1. 1 Whether the RPD failed to conduct an individualized forward-looking analysis under section 97 of the Act
  2. 2 Whether the RPD erred in analysing the second prong of the internal flight alternative (IFA) test
  3. 3 Whether the undated article constituted admissible new evidence under subsection 110(4) of the Act

Ratio Decidendi

RAD dismissed the appeal and confirmed the RPD decision because the RPD reasonably found the appellants credible, conducted the required individualized forward‑looking assessment under s.97, reasonably concluded the appellants had an IFA in Cartagena, and correctly excluded the undated article as not new, relevant or material under s.110(4).

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Determination of the Refugee Protection Division dated July 15, 2013 confirmed: appellants are neither Convention refugees nor persons in need of protection