VB8-04334

VB8-04334

The appeal is dismissed because the RAD found on the balance of probabilities that Beirut is a viable internal flight alternative: the appellant's credibility was undermined by material inconsistencies and suspect documentary evidence; there was no evidence that persecutors tried to locate him in Beirut despite his disclosed online information and social activity; the anonymity of a large metropolis and lack of demonstrated undue hardship make relocation objectively reasonable and not a serious possibility of persecution.

Citation
VB8-04334
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 September 2020
Procedural Posture
Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Appeal dismissed; RAD confirms RPD decision that appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Internal Flight Alternative, Credibility Assessment, Burden of Proof, Standard of Review, Undue Hardship, Sections 96 and 97 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Burden of Proof Standard of Review Undue Hardship +1 more

Case Brief

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether the appellant has a viable internal flight alternative in Beirut
  2. 2 Whether the appellant is a Convention refugee or a person in need of protection under sections 96 and 97 of the Immigration and Refugee Protection Act
  3. 3 Credibility of the appellant's evidence and documentary corroboration

Ratio Decidendi

The appeal is dismissed because the RAD found on the balance of probabilities that Beirut is a viable internal flight alternative: the appellant's credibility was undermined by material inconsistencies and suspect documentary evidence; there was no evidence that persecutors tried to locate him in Beirut despite his disclosed online information and social activity; the anonymity of a large metropolis and lack of demonstrated undue hardship make relocation objectively reasonable and not a serious possibility of persecution.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act