MB9-21944

MB9-21944

The appeal is dismissed because none of the proffered documents met the statutory RAD test for admission of new evidence and the RPD correctly applied the IFA two‑prong test to conclude, on a balance of probabilities, that Abuja is a viable internal flight alternative: appellants failed to prove agents of persecution had the capacity to locate them in Abuja and relocation there would not be objectively unreasonable given their personal profiles and available evidence.

Citation
MB9-21944
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: AdXXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 January 2020
Procedural Posture
Refugee Appeal Refugee Appeal Division Review of Refugee Protection Division Decision / Decision on Admissibility of New Evidence and Merits (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Female Genital Mutilation, Credibility Findings, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Admissibility of New Evidence Female Genital Mutilation Credibility Findings Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

AdXXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Refugee Appeal Division Review of Refugee Protection Division Decision / Decision on Admissibility of New Evidence and Merits (appeal Dismissed)

Legal Issues

  1. 1 Whether new evidence on appeal met RAD admissibility test
  2. 2 Whether the RPD correctly applied the two‑prong internal flight alternative (IFA) test for Abuja
  3. 3 Whether the RPD applied the correct standard of proof and made proper credibility findings

Ratio Decidendi

The appeal is dismissed because none of the proffered documents met the statutory RAD test for admission of new evidence and the RPD correctly applied the IFA two‑prong test to conclude, on a balance of probabilities, that Abuja is a viable internal flight alternative: appellants failed to prove agents of persecution had the capacity to locate them in Abuja and relocation there would not be objectively unreasonable given their personal profiles and available evidence.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed and Refugee Protection Division decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act