VC1-03539

VC1-03539

The RAD confirmed the RPD decision because the Appellants failed to rebut, on a balance of probabilities, the existence of a viable internal flight alternative in Abuja; the late psychological report was admitted but did not demonstrate that relocation to Abuja would be unsafe or unreasonably harsh, and speculative assertions about agents' ability to track the family did not meet the required evidentiary burden.

Citation
VC1-03539
Parties
Appellant (principal): Principal Appellant; Appellant (associates): Associate Appellants; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 December 2021
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) Reviewing RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Admission of New Evidence, Standard of Review, Mental Health and Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Admission of New Evidence Standard of Review Mental Health and Protection

Case Brief

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Parties

Principal Appellant

Appellant (principal)

Associate Appellants

Appellant (associates)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) Reviewing RPD Decision

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) exists in Abuja
  2. 2 Whether new psychological evidence should be admitted on appeal
  3. 3 Whether the RPD erred in credibility and IFA analysis

Ratio Decidendi

The RAD confirmed the RPD decision because the Appellants failed to rebut, on a balance of probabilities, the existence of a viable internal flight alternative in Abuja; the late psychological report was admitted but did not demonstrate that relocation to Abuja would be unsafe or unreasonably harsh, and speculative assertions about agents' ability to track the family did not meet the required evidentiary burden.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act