TB7-07577

TB7-07577

RAD admitted the police response as new evidence but found it lacked probative value to establish a serious possibility of persecution in Odessa; on independent assessment the RAD concluded on the balance of probabilities that Odessa is both safe and reasonable as an internal flight alternative and therefore dismissed the appeal under paragraph 111(1)(a) IRPA.

Citation
TB7-07577
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Refugee Appeal (rad Redetermination) / Decision on Redetermination of Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Credibility Assessment, Standard of Review, Reasonableness of Relocation
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Credibility Assessment Standard of Review Reasonableness of Relocation

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Redetermination) / Decision on Redetermination of Appeal

Legal Issues

  1. 1 Whether police response letter is admissible new evidence under IRPA s.110(4) and Raza/Singh
  2. 2 Whether the RPD erred in finding Odessa a safe and reasonable internal flight alternative
  3. 3 Whether the new evidence establishes a forward‑looking risk in the proposed IFA

Ratio Decidendi

RAD admitted the police response as new evidence but found it lacked probative value to establish a serious possibility of persecution in Odessa; on independent assessment the RAD concluded on the balance of probabilities that Odessa is both safe and reasonable as an internal flight alternative and therefore dismissed the appeal under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; RAD decision rendered December 9, 2019
  • RPD decision of March 31, 2017 upheld