VC0-02557

VC0-02557

The RAD dismissed the appeal because the RPD correctly found Alexandria to be a viable Internal Flight Alternative and the Appellants failed to adduce credible new evidence that would undermine that finding or demonstrate a serious possibility of persecution on a Convention ground; allegations of deficient interpretation did not amount to a breach of procedural fairness and were not material.

Citation
VC0-02557
Parties
Principal Appellant: Principal Appellant (XXXX XXXX XXXX XXXX); Associate Appellant: Associate Appellant (spouse) (XXXX XXXX XXXX XXXX); Minor Appellants: Minor Appellants (children); Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons Issued)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence (s.110 Irpa), Procedural Fairness and Interpretation Quality
Source Language
English
Immigration Law Refugee Protection Law Administrative Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence (s.110 Irpa) Procedural Fairness and Interpretation Quality

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Principal Appellant (XXXX XXXX XXXX XXXX)

Principal Appellant

Associate Appellant (spouse) (XXXX XXXX XXXX XXXX)

Associate Appellant

Minor Appellants (children)

Minor Appellants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons Issued)

Legal Issues

  1. 1 Whether a viable Internal Flight Alternative (IFA) existed in Alexandria
  2. 2 Whether new evidence met s.110(4) IRPA criteria and was credible
  3. 3 Whether there was a breach of procedural fairness due to poor quality interpretation at the RPD hearing

Ratio Decidendi

The RAD dismissed the appeal because the RPD correctly found Alexandria to be a viable Internal Flight Alternative and the Appellants failed to adduce credible new evidence that would undermine that finding or demonstrate a serious possibility of persecution on a Convention ground; allegations of deficient interpretation did not amount to a breach of procedural fairness and were not material.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed