MC0-08773

MC0-08773

The appeal is dismissed because on independent review the RAD finds that a viable internal flight alternative exists in Abuja: the Appellants failed to prove on a balance of probabilities that their family had the means or sustained motivation to locate them there, and objective country and documentary evidence demonstrates that relocation to Abuja would not be unreasonable or unduly harsh given available mental health services, employment prospects and the limited role of indigeneship in the capital; the new medical evidence concerning the son does not alter that conclusion nor justify an oral hearing.

Citation
MC0-08773
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 June 2021
Procedural Posture
Refugee Appeal / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Mental Health Evidence, Indigeneship, Burden and Standard of Proof
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative Admissibility of New Evidence Mental Health Evidence Indigeneship +1 more

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 17 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision (reasons for Decision)

Legal Issues

  1. 1 Existence of a viable internal flight alternative (IFA) in Abuja
  2. 2 Whether the RPD erred in assessing means and motivation of persecutors to find the claimants in an IFA
  3. 3 Whether the RPD properly considered psychological evidence and new medical evidence

Ratio Decidendi

The appeal is dismissed because on independent review the RAD finds that a viable internal flight alternative exists in Abuja: the Appellants failed to prove on a balance of probabilities that their family had the means or sustained motivation to locate them there, and objective country and documentary evidence demonstrates that relocation to Abuja would not be unreasonable or unduly harsh given available mental health services, employment prospects and the limited role of indigeneship in the capital; the new medical evidence concerning the son does not alter that conclusion nor justify an oral hearing.

Court Disposition

Appeal dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection

Orders

  • Admit Exhibit A (medical note) as new evidence
  • No oral hearing ordered under s.110(6) IRPA; decision rendered pursuant to s.110(3) IRPA