VC0-02822

VC0-02822

The RAD dismissed the appeal because the RPD correctly found that the appellants failed to prove, on the balance of probabilities, that they would face a serious possibility of persecution or that relocation to Kiev would be unreasonable; the RAD also refused to admit the proffered post-decision documents as they were not reasonably available and were not credible, and denied the request for an in-person hearing.

Citation
VC0-02822
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 April 2021
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal
Outcome
Appeal dismissed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Admissibility of New Evidence, Credibility Assessment, In Person Hearing Request
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Admissibility of New Evidence Credibility Assessment In Person Hearing Request

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (rad) / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in finding a viable internal flight alternative in Kiev
  2. 2 Whether the RAD should admit new evidence post-dating the RPD decision
  3. 3 Credibility of the appellants' account and consistency of testimony

Ratio Decidendi

The RAD dismissed the appeal because the RPD correctly found that the appellants failed to prove, on the balance of probabilities, that they would face a serious possibility of persecution or that relocation to Kiev would be unreasonable; the RAD also refused to admit the proffered post-decision documents as they were not reasonably available and were not credible, and denied the request for an in-person hearing.

Court Disposition

Appeal dismissed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed
  • Request for in-person hearing denied