TC3-51000

TC3-51000

The appellants failed to discharge the onus to show, on a balance of probabilities, that FARC dissidents have the means and motivation to locate and harm them in Barranquilla, Medellín or Tunja; the new evidence accepted (2023 RIR) is not central to overturn the RPD's IFA finding and does not justify a hearing, therefore the appeal is dismissed and the RPD decision confirmed.

Citation
TC3-51000
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2024
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, New Evidence (s.110(4) Irpa), Hearing on Appeal (s.110(6) Irpa), Standard of Review, Bias
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative New Evidence (s.110(4) Irpa) Hearing on Appeal (s.110(6) Irpa) Standard of Review Bias

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Appellant (spouse)

XXXX XXXX XXXX XXXX

Appellant (minor)

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether proposed internal flight alternatives (Barranquilla, Medellín, Tunja) are viable
  2. 2 Admissibility and impact of new evidence under subsection 110(4) IRPA
  3. 3 Whether a hearing should be held under subsection 110(6) IRPA

Ratio Decidendi

The appellants failed to discharge the onus to show, on a balance of probabilities, that FARC dissidents have the means and motivation to locate and harm them in Barranquilla, Medellín or Tunja; the new evidence accepted (2023 RIR) is not central to overturn the RPD's IFA finding and does not justify a hearing, therefore the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RAD denies request for hearing under subsection 110(6) IRPA