VC0-00898

VC0-00898

The appeal is dismissed because the appellants failed, on the balance of probabilities, to prove that the Los Rastrojos had the means and motivation to locate and track them to Tunja or Paz de Rio and failed to show that relocation to those IFAs would be unreasonable; additionally, the newspaper documents were inadmissible as new evidence for failing to meet s.110(4) IRPA thresholds.

Citation
VC0-00898
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Family Members: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 September 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision (appeal Dismissed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee, Person in Need of Protection (s.97), New Evidence Admissibility (s.110(4) Irpa), Burden of Proof, State Protection
Source Language
English
Immigration Law Refugee Law Internal Flight Alternative Convention Refugee Person in Need of Protection (s.97) New Evidence Admissibility (s.110(4) Irpa) Burden of Proof State Protection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX

Family Members

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision (appeal Dismissed)

Legal Issues

  1. 1 Existence of viable internal flight alternative in Tunja and Paz de Rio
  2. 2 Whether appellants established nexus to the Convention
  3. 3 Admissibility of new evidence on appeal

Ratio Decidendi

The appeal is dismissed because the appellants failed, on the balance of probabilities, to prove that the Los Rastrojos had the means and motivation to locate and track them to Tunja or Paz de Rio and failed to show that relocation to those IFAs would be unreasonable; additionally, the newspaper documents were inadmissible as new evidence for failing to meet s.110(4) IRPA thresholds.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision confirmed