TB7-15263

TB7-15263

The RAD confirmed the RPD's decision: on the balance of probabilities the Appellants have an internal flight alternative in Port Harcourt and relocating there is not unreasonable in their circumstances; the RPD's erroneous reference to judicial notice did not amount to a breach of procedural fairness, the new Nigerian Bar portal evidence is admissible but does not establish risk, and the psychotherapist report had limited probative value for IFA, therefore the appeal is dismissed.

Citation
TB7-15263
Parties
Appellant (principal): XXXX XXXX XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 March 2018
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal Before Refugee Appeal Division — Decision on RPD Negative Determination
Outcome
Appeal dismissed; RPD decision confirmed that Appellants are not Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Procedural Fairness, Gender Based Persecution, Admissibility of New Evidence, Judicial Notice
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Procedural Fairness Gender Based Persecution Admissibility of New Evidence Judicial Notice

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal Before Refugee Appeal Division — Decision on RPD Negative Determination

Legal Issues

  1. 1 Whether appellants have an internal flight alternative (IFA) in Port Harcourt
  2. 2 Whether the RPD breached procedural fairness by taking judicial notice without providing evidentiary basis or opportunity to respond
  3. 3 Whether the new evidence meets s.110(4) IRPA and is admissible

Ratio Decidendi

The RAD confirmed the RPD's decision: on the balance of probabilities the Appellants have an internal flight alternative in Port Harcourt and relocating there is not unreasonable in their circumstances; the RPD's erroneous reference to judicial notice did not amount to a breach of procedural fairness, the new Nigerian Bar portal evidence is admissible but does not establish risk, and the psychotherapist report had limited probative value for IFA, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed that Appellants are not Convention refugees nor persons in need of protection

Orders

  • RAD confirms RPD decision dated July 14, 2017 and dismisses the appeal of March 19, 2018