MC0-09767
The RAD concluded that the appellants failed to establish that Islamabad or Lahore are unsafe or unreasonably harsh IFAs, that the admitted post‑RPD COVID‑19 media evidence did not render the IFAs inaccessible or raise a serious issue requiring an oral hearing, and therefore the RPD's determination that the appellants are neither Convention refugees nor persons in need of protection is confirmed (s.111(1)(a) IRPA).
- Citation
- MC0-09767
- Parties
- Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 2 February 2020
- Procedural Posture
- Refugee Appeal / Decision of Refugee Appeal Division (reasons and Final Disposition)
- Outcome
- Appeal dismissed; RPD determination confirmed; appellants are neither Convention refugees nor persons in need of protection.
- Legal Topics
- Internal Flight Alternative, Credibility, Admission of New Evidence, Oral Hearing Test, Convention Refugee Determination, COVID 19 and Relocation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX
Principal Appellant
XXXX XXXX XXXX
Associate Appellant
XXXX XXXX XXXX
Minor Appellant
Procedural Posture
Refugee Appeal / Decision of Refugee Appeal Division (reasons and Final Disposition)
Legal Issues
- 1 Whether appellants qualify as Convention refugees
- 2 Whether appellants are persons in need of protection
- 3 Whether internal flight alternatives (Islamabad or Lahore) are safe and reasonable
Ratio Decidendi
The RAD concluded that the appellants failed to establish that Islamabad or Lahore are unsafe or unreasonably harsh IFAs, that the admitted post‑RPD COVID‑19 media evidence did not render the IFAs inaccessible or raise a serious issue requiring an oral hearing, and therefore the RPD's determination that the appellants are neither Convention refugees nor persons in need of protection is confirmed (s.111(1)(a) IRPA).
Court Disposition
Appeal dismissed; RPD determination confirmed; appellants are neither Convention refugees nor persons in need of protection.
Orders
- Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
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