MB9-18864

MB9-18864

There is no objective basis on a balance of probabilities for the Appellants' claimed fear of physical or spiritual persecution, state protection was available (as shown by police response and security provided), the late/new evidence is inadmissible and irrelevant to determinative issues, therefore the RPD's decision rejecting refugee protection is correct and is confirmed.

Citation
MB9-18864
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
10 December 2019
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Refugee Protection, Female Genital Mutilation, State Protection, Internal Flight Alternative, Credibility, Natural Justice, Admissibility of New Evidence, Section 97 IRPA
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Female Genital Mutilation State Protection Internal Flight Alternative Credibility +3 more

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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 Protection Appeal / Decision by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were unreasonable
  2. 2 Whether the RPD ignored relevant evidence
  3. 3 Whether state protection was available to the Appellants

Ratio Decidendi

There is no objective basis on a balance of probabilities for the Appellants' claimed fear of physical or spiritual persecution, state protection was available (as shown by police response and security provided), the late/new evidence is inadmissible and irrelevant to determinative issues, therefore the RPD's decision rejecting refugee protection is correct and is confirmed.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Decision of the Refugee Protection Division dated 11 July 2019 is confirmed
  • Pursuant to paragraph 111(1)(a) of IRPA, the Appellants are neither Convention refugees nor persons in need of protection