TB9-05486

TB9-05486

Even accepting the appellants' allegations where explicitly stated, the RAD found the new medical letter admissible but not dispositive, that the appellants failed to prove on a balance of probabilities a section 96 or 97 risk in Abuja and failed to show relocation to Abuja would be objectively unreasonable; accordingly the appeal is dismissed and the RPD decision confirmed under para.111(1)(a) IRPA.

Citation
TB9-05486
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Female Appellant: XXXX XXXX XXXX; Minor Male Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 August 2019
Procedural Posture
Refugee Appeal Under IRPA / RAD Decision on Appeal Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA
Legal Topics
Internal Flight Alternative, Credibility Assessment, New Evidence Admission, Disability as Basis for Persecution, Female Genital Mutilation
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment New Evidence Admission Disability as Basis for Persecution Female Genital Mutilation

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Female Appellant

XXXX XXXX XXXX

Minor Male Appellant

Procedural Posture

Refugee Appeal Under IRPA / RAD Decision on Appeal Confirming RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in credibility findings and denial of opportunity to explain implausibilities
  2. 2 Whether the January 14, 2019 medical letter met s.110(4) IRPA and related jurisprudential tests for admission of new evidence
  3. 3 Whether there is a viable internal flight alternative (IFA) in Abuja

Ratio Decidendi

Even accepting the appellants' allegations where explicitly stated, the RAD found the new medical letter admissible but not dispositive, that the appellants failed to prove on a balance of probabilities a section 96 or 97 risk in Abuja and failed to show relocation to Abuja would be objectively unreasonable; accordingly the appeal is dismissed and the RPD decision confirmed under para.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA

Orders

  • Confirm decision of the Refugee Protection Division dated February 6, 2019 rejecting refugee claims
  • Admit January 14, 2019 Hospital for Sick Children letter as new evidence but decline to convene an oral hearing