TC0-09014

TC0-09014

The RPD erred on the first prong of the IFA test by mischaracterizing incidents and underestimating the motivation and capacity of extremist organizations to locate the Appellants in Dhaka; given the credible evidence of targeted threats and inadequate state protection, there is a serious possibility of persecution in the IFA and no safe internal relocation, therefore the appeal is allowed and the Appellants are Convention refugees.

Citation
TC0-09014
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal – Substituted Decision Issued
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees under s.111(1)(b) IRPA
Legal Topics
Internal Flight Alternative, Convention Refugee Status, State Protection, Credibility Assessment, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status State Protection Credibility Assessment Country Conditions

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal – Substituted Decision Issued

Legal Issues

  1. 1 Whether the Appellants have a well-founded fear of persecution
  2. 2 Whether a safe Internal Flight Alternative (IFA) exists in Dhaka
  3. 3 Whether state protection in Bangladesh is available and effective

Ratio Decidendi

The RPD erred on the first prong of the IFA test by mischaracterizing incidents and underestimating the motivation and capacity of extremist organizations to locate the Appellants in Dhaka; given the credible evidence of targeted threats and inadequate state protection, there is a serious possibility of persecution in the IFA and no safe internal relocation, therefore the appeal is allowed and the Appellants are Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees under s.111(1)(b) IRPA

Orders

  • Appeal allowed and RPD decision set aside; substituted decision: Appellants are Convention refugees pursuant to s.111(1)(b) of the Immigration and Refugee Protection Act
  • Decision dated February 12, 2021