VC1-03816

VC1-03816

Even accepting some post-decision evidence, the Appellants failed to establish on a balance of probabilities that they would face death or cruel and unusual treatment in Big Town; the risk stems from a private property dispute (no Convention nexus) and surrendering the inheritance makes relocation to Big Town safe and reasonable, therefore the RPD decision denying refugee protection is confirmed.

Citation
VC1-03816
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Minor: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 November 2021
Procedural Posture
Refugee Appeal / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Nexus to the Convention, Admissibility of New Evidence, Gender Based Persecution, Credibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Nexus to the Convention Admissibility of New Evidence Gender Based Persecution Credibility Assessment

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Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Minor

Procedural Posture

Refugee Appeal / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether new evidence on appeal is admissible
  2. 2 Whether there is a Convention nexus to persecution
  3. 3 Whether an internal flight alternative (Big Town, Liberia) is safe and reasonable

Ratio Decidendi

Even accepting some post-decision evidence, the Appellants failed to establish on a balance of probabilities that they would face death or cruel and unusual treatment in Big Town; the risk stems from a private property dispute (no Convention nexus) and surrendering the inheritance makes relocation to Big Town safe and reasonable, therefore the RPD decision denying refugee protection is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision confirmed
  • No oral hearing ordered on the basis that admitted new evidence did not raise credibility concerns