TB8-02214

TB8-02214

The RAD confirmed the RPD: the Appellants are excluded under Article 1E because two are permanent residents and one is a Ukrainian citizen, the evidence does not rebut the presumption that Ukraine can protect them (they failed to seek state protection or provide clear and convincing evidence of its inadequacy), and the proposed new evidence either did not meet s.110(4) or was irrelevant or lacking probative value; therefore the appeal is dismissed.

Citation
TB8-02214
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 July 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal and Admissibility of New Evidence Under S.110(4) and RAD Rule 29
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Article 1 E Exclusion, New Evidence Admissibility (s.110(4)), RAD Rule 29, Credibility Assessment, Burden of Proof
Source Language
English
Immigration and Refugee Law Administrative Law Extradition/international Cooperation State Protection Article 1 E Exclusion New Evidence Admissibility (s.110(4)) RAD Rule 29 Credibility Assessment +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal and Admissibility of New Evidence Under S.110(4) and RAD Rule 29

Legal Issues

  1. 1 Whether Appellants rebutted presumption of state protection in Ukraine
  2. 2 Whether proposed documents meet IRPA s.110(4) and RAD rule 29 and are admissible
  3. 3 Whether Appellants are excluded from refugee protection under Article 1E due to permanent residence/citizenship in Ukraine

Ratio Decidendi

The RAD confirmed the RPD: the Appellants are excluded under Article 1E because two are permanent residents and one is a Ukrainian citizen, the evidence does not rebut the presumption that Ukraine can protect them (they failed to seek state protection or provide clear and convincing evidence of its inadequacy), and the proposed new evidence either did not meet s.110(4) or was irrelevant or lacking probative value; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated November 7, 2017 confirmed