TC0-09558

TC0-09558

The appeal is dismissed because, on the balance of probabilities and having admitted limited expert evidence, the Tribunal found that while the Clan del Golfo may have means to locate the appellants, it lacks motivation to do so in Tunja and the appellants failed to establish a serious possibility of persecution or that relocation to Tunja would be objectively unreasonable; therefore the RPD decision confirming Tunja as a viable IFA was reasonable and must be confirmed.

Citation
TC0-09558
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 June 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Burden of Proof, Risk Assessment, Convention Refugee Status
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Burden of Proof Risk Assessment Convention Refugee Status

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether Tunja is a viable internal flight alternative (IFA)
  2. 2 Admissibility and weight of post‑RPD expert evidence
  3. 3 Whether appellants discharged burden to show IFA is unsafe or unreasonable

Ratio Decidendi

The appeal is dismissed because, on the balance of probabilities and having admitted limited expert evidence, the Tribunal found that while the Clan del Golfo may have means to locate the appellants, it lacks motivation to do so in Tunja and the appellants failed to establish a serious possibility of persecution or that relocation to Tunja would be objectively unreasonable; therefore the RPD decision confirming Tunja as a viable IFA was reasonable and must be confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • The Refugee Protection Division decision is confirmed; Appellants are not Convention refugees nor persons in need of protection