TB6-17417

TB6-17417

Although the RAD admitted the new evidence, it found on a balance of probabilities that the appellant failed to rebut the presumption of adequate state protection in Georgia; the police response to the new incident demonstrated willingness to investigate and the totality of evidence showed the state making serious efforts to protect citizens, therefore the appeal was dismissed and the RPD decision confirmed.

Citation
TB6-17417
Parties
Appellant / Person Subject of Appeal: XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 April 2017
Procedural Posture
Refugee Protection Appeal (rad) / RAD Decision on Appeal Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Credibility, Admissibility of New Evidence, Oral Hearing, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Admissibility of New Evidence Oral Hearing Convention Refugee Determination

Case Brief

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Parties

XXXX XXXX

Appellant / Person Subject of Appeal

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / RAD Decision on Appeal Confirming RPD Decision

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA
  2. 2 Standard for holding an oral hearing under s.110(6) IRPA
  3. 3 Whether the presumption of state protection for Georgia was rebutted

Ratio Decidendi

Although the RAD admitted the new evidence, it found on a balance of probabilities that the appellant failed to rebut the presumption of adequate state protection in Georgia; the police response to the new incident demonstrated willingness to investigate and the totality of evidence showed the state making serious efforts to protect citizens, therefore the appeal was dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to subsection 111(1)(a) of the IRPA