TB7-21568

TB7-21568

The RAD upheld the RPD's adverse credibility assessment and, applying the Nigerian Jurisprudential Guide and IRB policy, found on the balance of probabilities that Abuja is a safe and reasonable internal flight alternative; the proposed new evidence was rejected as irrelevant to the IFA issue; therefore the appeals are dismissed and the RPD decision is confirmed under s.111(1)(a) IRPA.

Citation
TB7-21568
Parties
Principal Appellant: XXXX XXXX; Spousal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 August 2018
Procedural Posture
Refugee Appeal / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence, Jurisprudential Guide Application
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence Jurisprudential Guide Application

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Spousal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD's credibility findings were unduly microscopic or unreasonable
  2. 2 Whether the RPD erred in finding the Principal Appellant not credible about his uncle's visit on 14 March 2016
  3. 3 Whether the RPD failed to consider the psychology report

Ratio Decidendi

The RAD upheld the RPD's adverse credibility assessment and, applying the Nigerian Jurisprudential Guide and IRB policy, found on the balance of probabilities that Abuja is a safe and reasonable internal flight alternative; the proposed new evidence was rejected as irrelevant to the IFA issue; therefore the appeals are dismissed and the RPD decision is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed and RPD decision confirmed
  • Proposed new evidence rejected as not relevant to the internal flight alternative issue