TB9-15536

TB9-15536

The RAD dismissed the appeals because the appellants failed to discharge the burden to show no viable and reasonable internal flight alternative to Durban; the RPD's finding of no serious possibility of persecution in Durban is supported by the evidence, the new country-condition material was either not relevant or not central to credibility and did not justify an oral hearing, and therefore the RPD determination is confirmed under s.111(1)(a) IRPA.

Citation
TB9-15536
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 December 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RAD confirms RPD determination that appellants are not Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Xenophobia, Gender Based Violence, Admissibility of New Evidence, Oral Hearing Request, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Xenophobia Gender Based Violence Admissibility of New Evidence Oral Hearing Request +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether appellants have an internal flight alternative (IFA) to Durban
  2. 2 Whether the minor appellants face a serious possibility of persecution in Nigeria
  3. 3 Admissibility and relevance of new evidence submitted on appeal

Ratio Decidendi

The RAD dismissed the appeals because the appellants failed to discharge the burden to show no viable and reasonable internal flight alternative to Durban; the RPD's finding of no serious possibility of persecution in Durban is supported by the evidence, the new country-condition material was either not relevant or not central to credibility and did not justify an oral hearing, and therefore the RPD determination is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RAD confirms RPD determination that appellants are not Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • RAD confirms RPD determination pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act