TB6-03411

TB6-03411

The RAD confirmed the RPD decision because the Appellants failed to establish admissible new evidence and failed to rebut the presumption of adequate state protection for the Bahamas with clear and convincing evidence; the record shows state measures and prosecutions and the Principal Appellant did not take reasonable steps to pursue available state protection, therefore the RPD's finding of adequate state protection was correct and the appeal is dismissed.

Citation
TB6-03411
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 June 2016
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA
Legal Topics
State Protection, Credibility Assessment, Admissibility of New Evidence, Standard of Review, Failure to Seek State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Credibility Assessment Admissibility of New Evidence Standard of Review Failure to Seek State Protection

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether RPD erred in assessing credibility
  2. 2 Whether the Appellants rebutted the presumption of state protection
  3. 3 Whether proposed new evidence met s.110(4) IRPA and is admissible

Ratio Decidendi

The RAD confirmed the RPD decision because the Appellants failed to establish admissible new evidence and failed to rebut the presumption of adequate state protection for the Bahamas with clear and convincing evidence; the record shows state measures and prosecutions and the Principal Appellant did not take reasonable steps to pursue available state protection, therefore the RPD's finding of adequate state protection was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA

Orders

  • Appeal dismissed and RPD decision confirmed