TB9-05619

TB9-05619

Appeal dismissed because, on independent review, the RAD found insufficient credible and corroborated evidence of a real risk throughout Bangladesh and in Chittagong, state efforts against ABT and absence of the business that attracted militants make persecution in Chittagong unlikely, and the appellants failed to discharge the burden to show the internal flight alternative is unreasonable.

Citation
TB9-05619
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, State Protection, Credibility and Corroboration, Convention Refugee Definition, Persons in Need of Protection, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative State Protection Credibility and Corroboration Convention Refugee Definition +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the appellants are persons in need of protection under section 97 IRPA
  2. 2 Whether state protection is available in Bangladesh
  3. 3 Whether an internal flight alternative exists in Chittagong

Ratio Decidendi

Appeal dismissed because, on independent review, the RAD found insufficient credible and corroborated evidence of a real risk throughout Bangladesh and in Chittagong, state efforts against ABT and absence of the business that attracted militants make persecution in Chittagong unlikely, and the appellants failed to discharge the burden to show the internal flight alternative is unreasonable.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed