TB6-13486

TB6-13486

The RAD confirmed the RPD because the Appellants failed to rebut the presumption of adequate state protection for Antigua with clear and convincing evidence; the RPD applied the correct legal tests for sections 96 and 97 and for assessing personal risk and state protection; and no new s.110(4) evidence was presented to warrant an oral hearing.

Citation
TB6-13486
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2017
Procedural Posture
Refugee Appeal / Decision by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed pursuant to subsection 111(1)(a) IRPA
Legal Topics
State Protection, Gender Based Violence, Standard of Proof, Procedural Fairness, Oral Hearing Threshold
Source Language
English
Immigration Refugee Law Administrative Law State Protection Gender Based Violence Standard of Proof Procedural Fairness Oral Hearing Threshold

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in its state protection analysis
  2. 2 Whether the RPD applied an incorrect standard of proof for persecution under sections 96 and 97 of the IRPA
  3. 3 Whether the RAD must hold an oral hearing absent new s.110(4) evidence

Ratio Decidendi

The RAD confirmed the RPD because the Appellants failed to rebut the presumption of adequate state protection for Antigua with clear and convincing evidence; the RPD applied the correct legal tests for sections 96 and 97 and for assessing personal risk and state protection; and no new s.110(4) evidence was presented to warrant an oral hearing.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to subsection 111(1)(a) IRPA

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed