TC0-09525

TC0-09525

The appeal is dismissed because the new evidence was inadmissible under s.110(4) IRPA, the appellants' testimony contained material omissions and inconsistencies that fatally undermined credibility, there was no objective basis demonstrating a serious possibility of persecution, and reasonable and available internal flight alternatives existed in Port Harcourt and Abuja.

Citation
TC0-09525
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Dismissal)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility, Internal Flight Alternative, New Evidence Admissibility, Oral Hearing Jurisdiction, Convention Refugee Determination, Corroboration, Indigeneship
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Internal Flight Alternative New Evidence Admissibility Oral Hearing Jurisdiction Convention Refugee Determination +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Dismissal)

Legal Issues

  1. 1 Whether new evidence should be admitted under s.110(4) IRPA
  2. 2 Whether an oral hearing should be convened
  3. 3 Credibility of the appellants' account (omissions and inconsistencies)

Ratio Decidendi

The appeal is dismissed because the new evidence was inadmissible under s.110(4) IRPA, the appellants' testimony contained material omissions and inconsistencies that fatally undermined credibility, there was no objective basis demonstrating a serious possibility of persecution, and reasonable and available internal flight alternatives existed in Port Harcourt and Abuja.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD confirmed; appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) IRPA