TB8-09810

TB8-09810

The appeal is dismissed because the appellants failed to establish a nexus between the feared harm and a Convention ground and failed to rebut the presumption of effective state protection in Italy and Kosovo; the new documents were inadmissible under IRPA s110(4); accordingly the RPD decision is confirmed under IRPA s111(1)(a).

Citation
TB8-09810
Parties
Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX; Minor Appellant (represented): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 July 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (written Reasons)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA
Legal Topics
State Protection, Nexus to Convention Grounds, Admissibility of New Evidence, Article 1 E Exclusion, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law State Protection Nexus to Convention Grounds Admissibility of New Evidence Article 1 E Exclusion +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

XXXX XXXX

Minor Appellant (represented)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (written Reasons)

Legal Issues

  1. 1 Whether there is nexus between claimed harm and a Convention ground
  2. 2 Whether appellants rebutted presumption of state protection in Italy and Kosovo
  3. 3 Admissibility of new evidence under IRPA s110(4)

Ratio Decidendi

The appeal is dismissed because the appellants failed to establish a nexus between the feared harm and a Convention ground and failed to rebut the presumption of effective state protection in Italy and Kosovo; the new documents were inadmissible under IRPA s110(4); accordingly the RPD decision is confirmed under IRPA s111(1)(a).

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA

Orders

  • Decision of the Refugee Protection Division confirmed; appeal dismissed