TC0-05694

TC0-05694

The appeal is dismissed because the RPD correctly found, on a balance of probabilities, that Abuja constituted a viable internal flight alternative and the Appellants failed to establish a serious possibility of persecution in Abuja; additionally, the Appellants failed to satisfy statutory and RAD procedural requirements for admitting new evidence, so the evidence was properly rejected.

Citation
TC0-05694
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 January 2021
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision on Appeal From RPD
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Standard of Review, Burden of Proof, Rule 29 (rad) Submissions
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Procedural Law Internal Flight Alternative Admissibility of New Evidence Standard of Review +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision on Appeal From RPD

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) in Abuja is viable
  2. 2 Whether the Appellants established they face a serious possibility of persecution in the IFA
  3. 3 Whether the Rule 29 and s.110(4) requirements for new evidence were met

Ratio Decidendi

The appeal is dismissed because the RPD correctly found, on a balance of probabilities, that Abuja constituted a viable internal flight alternative and the Appellants failed to establish a serious possibility of persecution in Abuja; additionally, the Appellants failed to satisfy statutory and RAD procedural requirements for admitting new evidence, so the evidence was properly rejected.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of February 13, 2020 confirmed
  • All proffered new evidence (affidavit, media articles and Rule 29 documents) rejected as inadmissible under s.110(4) IRPA and RAD Rules