TB8-21959

TB8-21959

The RAD confirmed the RPD: the Appellants are not Convention refugees nor persons in need of protection because the Minor has US citizenship and no risk there; the new evidence was inadmissible under s.110(4)/Singh; no oral hearing was warranted; and on the balance of probabilities an IFA exists in Calabar because the Principal Appellant would not be perceived as bisexual outside Lagos and Calabar offers reasonable conditions for relocation.

Citation
TB8-21959
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 September 2019
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division (rad) / Decision on Appeal (reasons Issued)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Sexual Orientation Claims (sogie), Internal Flight Alternative (ifa), Credibility Assessment, Admissibility of New Evidence (s.110(4)), Dual Citizenship/minor Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Sexual Orientation Claims (sogie) Internal Flight Alternative (ifa) Credibility Assessment Admissibility of New Evidence (s.110(4)) +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division (rad) / Decision on Appeal (reasons Issued)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees or persons in need of protection under ss.96 or 97 IRPA
  2. 2 Whether the Minor Appellant's US citizenship defeats her claim
  3. 3 Whether new evidence should be admitted under s.110(4) IRPA and Singh test

Ratio Decidendi

The RAD confirmed the RPD: the Appellants are not Convention refugees nor persons in need of protection because the Minor has US citizenship and no risk there; the new evidence was inadmissible under s.110(4)/Singh; no oral hearing was warranted; and on the balance of probabilities an IFA exists in Calabar because the Principal Appellant would not be perceived as bisexual outside Lagos and Calabar offers reasonable conditions for relocation.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RAD confirms RPD decision dated July 18, 2018