VB3-01399

VB3-01399

The RAD set aside the RPD decision and substituted a positive determination under s.111(1)(b), finding that the RPD erred in its IFA assessment because, on the balance of probabilities, the associate appellant's father retained the motivation and had demonstrated ability to locate and threaten the appellants even after years and at a 90‑minute distance, thereby creating a serious possibility of persecution if they returned to Albania; admission of further documents was unnecessary to reach this conclusion.

Citation
VB3-01399
Parties
Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 May 2016
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Redetermination and Substituted Determination (final Decision)
Outcome
Appeal allowed; RPD determination set aside; appellants found to be Convention refugees and positive determination substituted under s.111(1)(b) IRPA
Legal Topics
Internal Flight Alternative, Admission of New Evidence, Standard of Review, Convention Refugee Status
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Admission of New Evidence Standard of Review Convention Refugee Status

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Redetermination and Substituted Determination (final Decision)

Legal Issues

  1. 1 Whether the RPD erred in finding an Internal Flight Alternative (IFA) existed in Tirana
  2. 2 Whether the associate appellant could safely live in Tirana (second prong of IFA)
  3. 3 Whether documents tendered under s.110(4) constituted new evidence

Ratio Decidendi

The RAD set aside the RPD decision and substituted a positive determination under s.111(1)(b), finding that the RPD erred in its IFA assessment because, on the balance of probabilities, the associate appellant's father retained the motivation and had demonstrated ability to locate and threaten the appellants even after years and at a 90‑minute distance, thereby creating a serious possibility of persecution if they returned to Albania; admission of further documents was unnecessary to reach this conclusion.

Court Disposition

Appeal allowed; RPD determination set aside; appellants found to be Convention refugees and positive determination substituted under s.111(1)(b) IRPA

Orders

  • Set aside Refugee Protection Division determination dated May 16, 2013
  • Substitute determination that XXXX XXXX and XXXX XXXX are Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act (decision under section 111(1)(b))