VB9-05588

VB9-05588

The RAD confirmed the RPD: the Appellant failed to prove on a balance of probabilities that the agents of harm have the means and motivation to locate her in the proposed IFAs and failed to establish that relocation to Abuja or Ibadan would be unduly harsh; admitted new evidence was of limited weight and did not...

Source-derived case information.

Citation
VB9-05588
Parties
Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2020
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (amended)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative (ifa), Admission of New Evidence, Standard of Review, Gender Related Persecution, Credibility Assessment, RAD Procedure
Source Language
en
Immigration Law Refugee Law Administrative Law Internal Flight Alternative (ifa) Admission of New Evidence Standard of Review Gender Related Persecution Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX XXXX

Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (rad) / Decision on Appeal (amended)

  1. 1 Whether proposed IFAs (Abuja, Ibadan, Benin City, Port Harcourt) negate risk under section 96/97 IRPA
  2. 2 Whether the Appellant met the Rasaratnam two‑pronged IFA test
  3. 3 Admissibility and weight of new evidence under RAD Rule 29 and s.110(4) IRPA

Ratio Decidendi

The RAD confirmed the RPD: the Appellant failed to prove on a balance of probabilities that the agents of harm have the means and motivation to locate her in the proposed IFAs and failed to establish that relocation to Abuja or Ibadan would be unduly harsh; admitted new evidence was of limited weight and did not raise a serious credibility issue warranting a hearing; therefore no Convention refugee status or need for protection under s.96/97 IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • RAD confirms RPD decision pursuant to IRPA s.111(1)(a)
  • New evidence from Appellant's son admitted but given little weight; no hearing ordered under IRPA s.110(6)(a)