TB4-05142

TB4-05142

On review of the full RPD record and hearing recording the RAD concluded the RPD reasonably applied the two-pronged IFA test and that the Appellants have an accessible and reasonable internal flight alternative in Port Harcourt; credibility findings were supportable and no new evidence justified an oral hearing, therefore the Appellants are neither Convention refugees nor persons in need of protection and the RPD decision is confirmed.

Citation
TB4-05142
Parties
Appellant (principal): XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 November 2014
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Findings, Standard of Review, Female Genital Mutilation (fgm), Procedural Fairness, Appeal Remedies
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Standard of Review Female Genital Mutilation (fgm) Procedural Fairness +1 more

Case Brief

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Parties

XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (decision)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in finding an accessible and reasonable internal flight alternative (Port Harcourt)
  2. 2 Whether the RPD's credibility findings were unreasonable and reversible
  3. 3 Whether the RAD should admit new evidence or hold an oral hearing

Ratio Decidendi

On review of the full RPD record and hearing recording the RAD concluded the RPD reasonably applied the two-pronged IFA test and that the Appellants have an accessible and reasonable internal flight alternative in Port Harcourt; credibility findings were supportable and no new evidence justified an oral hearing, therefore the Appellants are neither Convention refugees nor persons in need of protection and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The decision of the Refugee Protection Division is confirmed
  • The appeal is dismissed