TB8-20663

TB8-20663

The RPD erred in finding a viable internal flight alternative; admitted new, credible evidence shows Pokot actors continued to search for and threaten the appellants across Kenya and state protection is inadequate, therefore on a balance of probabilities the appellants face risks amounting to protection grounds and are persons in need of protection.

Citation
TB8-20663
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division; Substitution of RPD Decision
Outcome
Appeal allowed; substituted decision that the Appellants are persons in need of protection
Legal Topics
Internal Flight Alternative, Admission of New Evidence, State Protection, Credibility
Source Language
English
Immigration Refugee Law International Protection Internal Flight Alternative Admission of New Evidence State Protection Credibility

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division; Substitution of RPD Decision

Legal Issues

  1. 1 Whether appellants have a viable internal flight alternative in Kenya
  2. 2 Whether the Refugee Appeal Division should admit new evidence
  3. 3 Whether state protection in Kenya is adequate to protect the appellants

Ratio Decidendi

The RPD erred in finding a viable internal flight alternative; admitted new, credible evidence shows Pokot actors continued to search for and threaten the appellants across Kenya and state protection is inadequate, therefore on a balance of probabilities the appellants face risks amounting to protection grounds and are persons in need of protection.

Court Disposition

Appeal allowed; substituted decision that the Appellants are persons in need of protection

Orders

  • Admit new evidence; substitute RPD decision: Appellants are persons in need of protection