TB8-08235

TB8-08235

Appellants were found credible on core allegations but failed to rebut the RPD's finding that Abuja or Port Harcourt are viable internal flight alternatives; the proposed new evidence was not admitted because it was available before the RPD; no basis to grant an oral hearing; therefore the RAD confirms the RPD decision that the appellants are neither Convention refugees nor persons in need of protection under IRPA s.111(1)(a).

Citation
TB8-08235
Parties
Appellant (principal): XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Appellant (associate): XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2019
Procedural Posture
Refugee Appeal (refugee Protection Division Decision Appealed to Rad) / Decision on Appeal (hearing at Ottawa, On; Reasons and Decision Issued)
Outcome
Appeal dismissed; RPD decision of February 21, 2018 confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Credibility Assessment, New Evidence Admissibility, Oral Hearing Discretion, Domestic Violence, Non State Actors
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment New Evidence Admissibility Oral Hearing Discretion Domestic Violence +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 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (associate)

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Protection Division Decision Appealed to Rad) / Decision on Appeal (hearing at Ottawa, On; Reasons and Decision Issued)

Legal Issues

  1. 1 Whether appellants qualify as Convention refugees or persons in need of protection
  2. 2 Whether Abuja or Port Harcourt constitute a suitable internal flight alternative (IFA)
  3. 3 Whether the RPD erred in credibility findings

Ratio Decidendi

Appellants were found credible on core allegations but failed to rebut the RPD's finding that Abuja or Port Harcourt are viable internal flight alternatives; the proposed new evidence was not admitted because it was available before the RPD; no basis to grant an oral hearing; therefore the RAD confirms the RPD decision that the appellants are neither Convention refugees nor persons in need of protection under IRPA s.111(1)(a).

Court Disposition

Appeal dismissed; RPD decision of February 21, 2018 confirmed that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated February 21, 2018 is confirmed