TB8-32567

TB8-32567

On independent review the RAD concluded, on a balance of probabilities, that the appellants have viable internal flight alternatives in Abuja, Ibadan, Port Harcourt and Benin City; the new evidence admitted did not establish a serious possibility of persecution in those locations, the affidavits lacked reliability and probative weight, and generalized country risk reports and travel advisories were too remote to meet the high threshold for prong two; therefore the RPD's decision rejecting refugee protection was confirmed pursuant to IRPA s.111(1)(a).

Citation
TB8-32567
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Disposition)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Credibility Assessment, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Admissibility of New Evidence Credibility Assessment Standard of Review

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellants

XXXX XXXX XXXX

Designated Representative

Minister (Immigration)

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Disposition)

Legal Issues

  1. 1 Whether the appellants have a viable internal flight alternative in Nigeria
  2. 2 Admissibility of new evidence under s.110(4) and Rule 29
  3. 3 Credibility and probative weight of affidavits submitted as new evidence

Ratio Decidendi

On independent review the RAD concluded, on a balance of probabilities, that the appellants have viable internal flight alternatives in Abuja, Ibadan, Port Harcourt and Benin City; the new evidence admitted did not establish a serious possibility of persecution in those locations, the affidavits lacked reliability and probative weight, and generalized country risk reports and travel advisories were too remote to meet the high threshold for prong two; therefore the RPD's decision rejecting refugee protection was confirmed pursuant to IRPA s.111(1)(a).

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision dated December 6, 2018 confirmed pursuant to s.111(1)(a) IRPA
  • New evidence admitted under s.110(4) and Rule 29 but given limited or no weight where unreliable