TB5-01721

TB5-01721

The RAD confirmed the RPD: the RPD's IFA finding was supportable on the record, the new evidence either did not arise post-rejection or lacked probative value, the unsigned affidavit was given no weight, and no new evidence raised a serious credibility issue central to the decision to justify an oral hearing; therefore the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed under s.111(1)(a) IRPA.

Citation
TB5-01721
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Respondent (minister): Kathryn Cowman
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2015
Procedural Posture
Refugee Appeal / RAD Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed under s.111(1)(a) IRPA
Legal Topics
Internal Flight Alternative, Credibility, Procedural Fairness, Admissibility of New Evidence, Child Best Interests, Gender Based Violence, Oral Hearing Under S.110(6)
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Procedural Fairness Admissibility of New Evidence Child Best Interests +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Kathryn Cowman

Respondent (minister)

Procedural Posture

Refugee Appeal / RAD Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD erred in finding viable internal flight alternatives (IFA)
  2. 2 Whether the RPD failed to assess risks to the minor appellants and consider the best interests of the child
  3. 3 Whether new evidence on appeal met s.110(4) IRPA and warranted weight

Ratio Decidendi

The RAD confirmed the RPD: the RPD's IFA finding was supportable on the record, the new evidence either did not arise post-rejection or lacked probative value, the unsigned affidavit was given no weight, and no new evidence raised a serious credibility issue central to the decision to justify an oral hearing; therefore the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed under s.111(1)(a) IRPA

Orders

  • Appeal dismissed and RPD decision confirmed
  • Application for an oral hearing under s.110(6) denied