TC0-11387

TC0-11387

The appeal is dismissed because the RPD correctly found the Principal Appellant lacked credibility on core allegations (material inconsistencies and unreasonable lack of knowledge about past same-sex relationships), the proposed new evidence is inadmissible under IRPA s.110(4) and not credible, and valid and reasonable internal flight alternatives exist in Port Harcourt and Lagos, so the Appellants are not Convention refugees nor persons in need of protection.

Citation
TC0-11387
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 April 2021
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed pursuant to IRPA s.111(1)(a); Appellants are not Convention refugees and are not persons in need of protection.
Legal Topics
Credibility, Internal Flight Alternative, Procedural Fairness, Admissibility of New Evidence, Sexual Orientation and Gender Identity (sogie), Female Genital Mutilation (fgm), Convention Refugee Determination, IRPA Ss.110(4) and 111(1)(a)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Internal Flight Alternative Procedural Fairness Admissibility of New Evidence Sexual Orientation and Gender Identity (sogie) +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Admissibility of new evidence on appeal under IRPA s.110(4)
  2. 2 Whether RAD must hold an oral hearing
  3. 3 Alleged breach of procedural fairness at RPD

Ratio Decidendi

The appeal is dismissed because the RPD correctly found the Principal Appellant lacked credibility on core allegations (material inconsistencies and unreasonable lack of knowledge about past same-sex relationships), the proposed new evidence is inadmissible under IRPA s.110(4) and not credible, and valid and reasonable internal flight alternatives exist in Port Harcourt and Lagos, so the Appellants are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed pursuant to IRPA s.111(1)(a); Appellants are not Convention refugees and are not persons in need of protection.

Orders

  • Dismissal of the appeal (RAD decision)
  • No oral hearing at RAD (no new evidence admitted)