TB7-18189

TB7-18189

No serious possibility of persecution in Moscow and relocation to Moscow would not be unreasonable given absence of evidence of state involvement, family ties, skills and employment prospects; late evidence was not admissible under RAD Rules and s.110(4) IRPA; accordingly RPD decision that Appellants are not Convention refugees nor persons in need of protection is confirmed.

Citation
TB7-18189
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX; Co Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 June 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Confirming RPD Refusal
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, State Protection, Admissibility of Late Evidence (rad Rules), Standard of Review, Credibility
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Internal Flight Alternative State Protection Admissibility of Late Evidence (rad Rules) Standard of Review +1 more

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Parties

XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Confirming RPD Refusal

Legal Issues

  1. 1 Whether an internal flight alternative (Moscow) was available and reasonable
  2. 2 Whether the Appellants rebutted the presumption that state protection in Russia was available
  3. 3 Whether to admit late documents under RAD Rules 29 and 37 and s.110(4) IRPA

Ratio Decidendi

No serious possibility of persecution in Moscow and relocation to Moscow would not be unreasonable given absence of evidence of state involvement, family ties, skills and employment prospects; late evidence was not admissible under RAD Rules and s.110(4) IRPA; accordingly RPD decision that Appellants are not Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Request to admit eight late documents denied under RAD Rules 29 and 37
  • Request to admit ninth late document denied