TB8-02875

TB8-02875

The RAD allowed part of the new evidence, found the RPD erred in concluding an internal flight alternative existed (Merida) because the agent of persecution has the means or contacts to find the Appellants throughout Mexico and state protection is rebutted; the Principal Appellant's fear has nexus with political opinion and the minor has a derivative claim and also a separate well-founded fear in Nigeria as an unaccompanied minor; accordingly the RAD set aside the RPD decision and substituted a finding that the Appellants are Convention refugees under the Act.

Citation
TB8-02875
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal allowed; RPD determination set aside and substituted with a finding that the Appellants are Convention refugees
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Credibility Findings, Convention Refugee Determination, Nexus to Convention Ground (political Opinion), State Protection, Child Protection, Derivative Claim
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Admissibility of New Evidence Credibility Findings Convention Refugee Determination Nexus to Convention Ground (political Opinion) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4)
  2. 2 Whether an internal flight alternative (Merida) is available
  3. 3 Whether there is nexus to a Convention ground (political opinion; family membership)

Ratio Decidendi

The RAD allowed part of the new evidence, found the RPD erred in concluding an internal flight alternative existed (Merida) because the agent of persecution has the means or contacts to find the Appellants throughout Mexico and state protection is rebutted; the Principal Appellant's fear has nexus with political opinion and the minor has a derivative claim and also a separate well-founded fear in Nigeria as an unaccompanied minor; accordingly the RAD set aside the RPD decision and substituted a finding that the Appellants are Convention refugees under the Act.

Court Disposition

Appeal allowed; RPD determination set aside and substituted with a finding that the Appellants are Convention refugees

Orders

  • Set aside the RPD decision and substitute the RAD's determination that the Appellants are Convention refugees pursuant to s.111(1)(b) of the Immigration and Refugee Protection Act
  • Allow the appeal