TB9-13746

TB9-13746

Although credibility concerns were found, the determinative legal finding was that the appellants failed to rebut a safe and reasonable internal flight alternative in Lagos on the balance of probabilities; the proffered new documentary evidence was inadmissible under s.110(4) IRPA, so the RAD dismissed the appeal and confirmed the RPD decision under s.111(1)(a) IRPA.

Citation
TB9-13746
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 November 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation (fgm), Credibility Findings, Admissibility of New Evidence, Procedural Fairness / Rules of the Refugee Board
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Female Genital Mutilation (fgm) Credibility Findings Admissibility of New Evidence +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether new documentary evidence meets s.110(4) IRPA and Singh-Raza test
  2. 2 Whether appellants are credible
  3. 3 Whether a safe and reasonable internal flight alternative (IFA) exists in Lagos

Ratio Decidendi

Although credibility concerns were found, the determinative legal finding was that the appellants failed to rebut a safe and reasonable internal flight alternative in Lagos on the balance of probabilities; the proffered new documentary evidence was inadmissible under s.110(4) IRPA, so the RAD dismissed the appeal and confirmed the RPD decision under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • New documentary evidence not admitted under s.110(4) IRPA