TC2-23605

TC2-23605

The appeal is dismissed because the RPD correctly found no nexus to a Convention ground and, on a balance of probabilities, the agents of harm lack the continuing motivation and the means to locate and harm the appellants in the proposed internal flight alternatives, and it would not be unreasonable for the appellants to relocate to those cities; admitted new evidence corroborated relocation but did not raise a serious credibility issue requiring an oral hearing.

Citation
TC2-23605
Parties
Appellant: Principal Appellant (redacted); Appellant: Associate Appellant (redacted); Appellant: Minor Appellant (redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2022
Procedural Posture
Appeal to the Refugee Appeal Division From a Refugee Protection Division Decision / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated July 27, 2022 confirmed
Legal Topics
Credibility, Internal Flight Alternative, New Evidence Admissibility, Nexus to Convention Ground, Oral Hearing Request
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Internal Flight Alternative New Evidence Admissibility Nexus to Convention Ground Oral Hearing Request

Case Brief

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Parties

Principal Appellant (redacted)

Appellant

Associate Appellant (redacted)

Appellant

Minor Appellant (redacted)

Appellant

Procedural Posture

Appeal to the Refugee Appeal Division From a Refugee Protection Division Decision / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings related to IFA
  2. 2 Whether the proposed internal flight alternatives (Antofagasta, Concepcion, La Serena, Temuco) are viable
  3. 3 Whether there is nexus to a Convention ground

Ratio Decidendi

The appeal is dismissed because the RPD correctly found no nexus to a Convention ground and, on a balance of probabilities, the agents of harm lack the continuing motivation and the means to locate and harm the appellants in the proposed internal flight alternatives, and it would not be unreasonable for the appellants to relocate to those cities; admitted new evidence corroborated relocation but did not raise a serious credibility issue requiring an oral hearing.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated July 27, 2022 confirmed

Orders

  • New evidence (two commercial invoices) admitted as exhibits RAD-1 and RAD-2
  • No oral hearing ordered as new evidence did not raise a serious issue with respect to credibility