MB4-00655

MB4-00655

The RAD dismissed the appeal because the medical document was not new under s.110(4) IRPA and inadmissible; the RPD reasonably found on the evidence that an internal flight alternative existed in Santo Domingo and that state protection had not been rebutted, and the RPD's credibility and evidentiary findings fall within a range of reasonable outcomes.

Citation
MB4-00655
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2014
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division Confirming Refugee Protection Division Rejection
Outcome
Appeal dismissed; RPD decision confirmed that appellant is not a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative, State Protection, Credibility Findings, Admissibility of Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Internal Flight Alternative State Protection Credibility Findings +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division Confirming Refugee Protection Division Rejection

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether state protection was inadequate
  3. 3 Whether an internal flight alternative (IFA) existed

Ratio Decidendi

The RAD dismissed the appeal because the medical document was not new under s.110(4) IRPA and inadmissible; the RPD reasonably found on the evidence that an internal flight alternative existed in Santo Domingo and that state protection had not been rebutted, and the RPD's credibility and evidentiary findings fall within a range of reasonable outcomes.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellant is not a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed
  • RPD decision of January 22, 2014 confirmed