TB9-09493

TB9-09493

New evidence was inadmissible under s.110(4) IRPA; objective documentary evidence establishes Algeria has capacity and makes serious efforts to protect against terrorism; appellants did not exhaust reasonable avenues of protection nor rebut presumption of state protection and failed to demonstrate a prospective personal risk; therefore RPD's rejection of refugee and s.97 claims is correct and is affirmed.

Citation
TB9-09493
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 December 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision on Admissibility of New Evidence and Merits; Appeal Dismissed
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
State Protection, New Evidence Admissibility, Sur Place, Prospective Risk Assessment, Standard of Review, IRPA S.96 and S.97
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law State Protection New Evidence Admissibility Sur Place Prospective Risk Assessment +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision on Admissibility of New Evidence and Merits; Appeal Dismissed

Legal Issues

  1. 1 Whether appellants rebutted the presumption of state protection in Algeria
  2. 2 Whether appellants demonstrated a prospective risk of persecution by Jund al Khalifa if returned
  3. 3 Whether new evidence met the s.110(4) IRPA criteria and should be admitted

Ratio Decidendi

New evidence was inadmissible under s.110(4) IRPA; objective documentary evidence establishes Algeria has capacity and makes serious efforts to protect against terrorism; appellants did not exhaust reasonable avenues of protection nor rebut presumption of state protection and failed to demonstrate a prospective personal risk; therefore RPD's rejection of refugee and s.97 claims is correct and is affirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • RPD decision of March 22, 2019 confirmed