VB4-03498

VB4-03498

The RAD confirmed the RPD because, on an independent assessment of the record, the appellants failed to discharge their burden on the balance of probabilities to show that the alleged agent of harm had the capability to find them in the proposed IFAs (Ulaanbaatar or Dalanzadgad) and they provided no persuasive evidence that relocation there would be unreasonable; therefore an IFA exists and protection under sections 96/97 is not established.

Citation
VB4-03498
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 April 2015
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Internal Flight Alternative, Credibility Findings, Standard of Review, Convention Refugee Determination, Section 97 Protection, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Standard of Review Convention Refugee Determination Section 97 Protection +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD made overriding errors in implausibility/credibility findings
  2. 2 Whether the RPD erred in law in its section 97 analysis
  3. 3 Whether the RPD erred in finding an Internal Flight Alternative (IFA) available

Ratio Decidendi

The RAD confirmed the RPD because, on an independent assessment of the record, the appellants failed to discharge their burden on the balance of probabilities to show that the alleged agent of harm had the capability to find them in the proposed IFAs (Ulaanbaatar or Dalanzadgad) and they provided no persuasive evidence that relocation there would be unreasonable; therefore an IFA exists and protection under sections 96/97 is not established.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • Determination of the Refugee Protection Division confirmed under paragraph 111(1)(a) of the Immigration and Refugee Protection Act