MB4-01499

MB4-01499

The RAD admitted a new article dated April 28, 2014 as new evidence, found that in light of that evidence and the appellant's vulnerability the RPD's finding that Annaba was an objectively reasonable internal flight alternative constituted a palpable and overriding misassessment of the facts as to the second prong of the IFA test, set aside the RPD's determination on that issue and referred the matter back to the RPD for re-determination identifying other cities or villages where it would be objectively reasonable for the appellant to seek refuge.

Citation
MB4-01499
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 July 2014
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) / Appeal Allowed in Part; Matter Referred to Refugee Protection Division (rpd) for Re Determination of Second Prong of Internal Flight Alternative (ifa)
Outcome
Appeal allowed in part; RPD determination on second prong of internal flight alternative set aside and matter referred to RPD for re-determination
Legal Topics
Internal Flight Alternative, Admissibility of Evidence on Appeal, Standard of Review on Appeal, Vulnerability and Health Considerations, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Admissibility of Evidence on Appeal Standard of Review on Appeal Vulnerability and Health Considerations State Protection

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Parties

XXXX XXXX

Appellant

Minister of Public Safety Canada

Intervener

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) / Appeal Allowed in Part; Matter Referred to Refugee Protection Division (rpd) for Re Determination of Second Prong of Internal Flight Alternative (ifa)

Legal Issues

  1. 1 Whether new evidence admitted on appeal affects the reasonableness of the RPD's finding on the second prong of the IFA test
  2. 2 Whether the additional documents met the admissibility test in subsection 110(4) IRPA
  3. 3 Whether a hearing before the RAD was required under subsection 110(6) IRPA

Ratio Decidendi

The RAD admitted a new article dated April 28, 2014 as new evidence, found that in light of that evidence and the appellant's vulnerability the RPD's finding that Annaba was an objectively reasonable internal flight alternative constituted a palpable and overriding misassessment of the facts as to the second prong of the IFA test, set aside the RPD's determination on that issue and referred the matter back to the RPD for re-determination identifying other cities or villages where it would be objectively reasonable for the appellant to seek refuge.

Court Disposition

Appeal allowed in part; RPD determination on second prong of internal flight alternative set aside and matter referred to RPD for re-determination

Orders

  • Admit new evidence designated A-1 (article dated April 28, 2014) for the purposes of this appeal
  • Set aside the RPD's determination regarding the second prong of the internal flight alternative analysis