TB7-15889

TB7-15889

The RAD concluded the RPD did not err: Benin City is a safe and reasonable IFA because the appellants' lived experience (female appellant's return to Nigeria without being located and both adult daughters' uninterrupted studies in Benin City) demonstrates on a balance of probabilities that the kinsmen were not willing or able to find them there; the late affidavit was implausible and inadmissible under s.110(4) and Singh; no admissible new evidence warranted an oral hearing; appeal dismissed and RPD decision confirmed.

Citation
TB7-15889
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant (spouse): XXXX XXXX XXXX; Younger Appellant (child): XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 March 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed: appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence, Standard of Review, Oral Hearing Jurisdiction, Convention Refugee Definition
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence Standard of Review Oral Hearing Jurisdiction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant (spouse)

XXXX XXXX XXXX

Younger Appellant (child)

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether Benin City is a safe internal flight alternative (IFA) for the appellants
  2. 2 Whether Benin City is a reasonable IFA given appellants' personal circumstances
  3. 3 Whether new evidence (affidavit) is admissible

Ratio Decidendi

The RAD concluded the RPD did not err: Benin City is a safe and reasonable IFA because the appellants' lived experience (female appellant's return to Nigeria without being located and both adult daughters' uninterrupted studies in Benin City) demonstrates on a balance of probabilities that the kinsmen were not willing or able to find them there; the late affidavit was implausible and inadmissible under s.110(4) and Singh; no admissible new evidence warranted an oral hearing; appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed: appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Request to admit new affidavit evidence denied as inadmissible
  • Request for oral hearing denied