VC1-03043

VC1-03043

The RAD confirmed the RPD: the Appellants are not Convention refugees (no nexus to Convention grounds) and are not persons in need of protection because viable and reasonable IFAs exist in Campeche and Merida; the proposed new evidence failed s.110(4) and Singh/Raza admissibility tests and an oral hearing was not warranted; appeals dismissed under s.111(1)(a) IRPA.

Citation
VC1-03043
Parties
Principal Appellant: XXXX XXXX XXXX; Spousal Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 September 2021
Procedural Posture
Refugee Appeal / Final Decision on Appeal (appeals Dismissed)
Outcome
Appeals dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA
Legal Topics
Internal Flight Alternative, Credibility, Admissibility of New Evidence (s.110(4)), Nexus to Convention Grounds, Oral Hearing (s.110(6))
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Admissibility of New Evidence (s.110(4)) Nexus to Convention Grounds Oral Hearing (s.110(6))

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Spousal Appellant

Procedural Posture

Refugee Appeal / Final Decision on Appeal (appeals Dismissed)

Legal Issues

  1. 1 Whether proposed new evidence met s.110(4) IRPA and Singh/Raza factors
  2. 2 Whether there is a nexus to a Convention ground (s.96 IRPA)
  3. 3 Whether Campeche and Merida are viable and reasonable internal flight alternatives (s.97 IRPA)

Ratio Decidendi

The RAD confirmed the RPD: the Appellants are not Convention refugees (no nexus to Convention grounds) and are not persons in need of protection because viable and reasonable IFAs exist in Campeche and Merida; the proposed new evidence failed s.110(4) and Singh/Raza admissibility tests and an oral hearing was not warranted; appeals dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeals dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA

Orders

  • The Refugee Protection Division decision is confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act
  • The proposed new evidence is rejected as not meeting s.110(4) IRPA and Singh/Raza admissibility criteria