VB7-00848

VB7-00848

On the balance of probabilities the RAD found Tripoli is a viable IFA: objective evidence and RPD findings show Hezbollah's influence is concentrated in Shiite areas, appellants have a low profile and relatives/possible accommodation in Tripoli, and the proffered materials were not admissible as new evidence; therefore appellants failed to show a serious possibility of persecution in Tripoli and relocation there would not be unreasonable, so the RPD decision is confirmed.

Citation
VB7-00848
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 January 2018
Procedural Posture
Refugee Appeal Under IRPA / Appeal Decision (rad Confirmation/dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Risk of Persecution, Standard of Review, New Evidence Admissibility, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Risk of Persecution Standard of Review New Evidence Admissibility Burden of Proof

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal Decision (rad Confirmation/dismissal)

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) exists in Tripoli, Lebanon
  2. 2 Whether the RPD erred in fact or law in finding Tripoli a safe IFA
  3. 3 Whether documents/maps and additional affidavit evidence qualify as new evidence under s.110(4) IRPA

Ratio Decidendi

On the balance of probabilities the RAD found Tripoli is a viable IFA: objective evidence and RPD findings show Hezbollah's influence is concentrated in Shiite areas, appellants have a low profile and relatives/possible accommodation in Tripoli, and the proffered materials were not admissible as new evidence; therefore appellants failed to show a serious possibility of persecution in Tripoli and relocation there would not be unreasonable, so the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) IRPA
  • Decision of the Refugee Protection Division confirmed that appellants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of IRPA