VB8-04407

VB8-04407

The RAD dismissed the appeal because the new evidence did not meet the statutory criteria for admission, the RPD did not breach procedural fairness as the IFA issue was raised during the hearing and the appellant had opportunity to respond, and on independent review the RPD correctly found Beirut to be a viable internal flight alternative since there was no serious possibility of persecution there on the appellant's profile and relocation to Beirut would not be unduly harsh; therefore the RPD decision is confirmed and the appeal is dismissed.

Citation
VB8-04407
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship; Tribunal / Panel: Refugee Appeal Division (RAD) / Veena Verma
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 August 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Dismissal (confirming RPD Decision)
Outcome
Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Internal Flight Alternative (ifa), Natural Justice / Procedural Fairness, Admissibility of New Evidence on Appeal, Gender Based Persecution, Country Conditions Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative (ifa) Natural Justice / Procedural Fairness Admissibility of New Evidence on Appeal Gender Based Persecution Country Conditions Evidence

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Respondent / Minister

Refugee Appeal Division (RAD) / Veena Verma

Tribunal / Panel

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Dismissal (confirming RPD Decision)

Legal Issues

  1. 1 Whether the RAD should admit new evidence on appeal
  2. 2 Whether an oral hearing should be held on appeal
  3. 3 Whether the RPD breached natural justice by not notifying that Beirut would be considered an IFA prior to the hearing

Ratio Decidendi

The RAD dismissed the appeal because the new evidence did not meet the statutory criteria for admission, the RPD did not breach procedural fairness as the IFA issue was raised during the hearing and the appellant had opportunity to respond, and on independent review the RPD correctly found Beirut to be a viable internal flight alternative since there was no serious possibility of persecution there on the appellant's profile and relocation to Beirut would not be unduly harsh; therefore the RPD decision is confirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act, the RPD decision dated August 2, 2018 is confirmed and the appeal is dismissed
  • Request to admit new evidence denied