TC1-04644
The appeals are dismissed because, on an independent review, the appellants failed to rebut the RPD's finding that a viable Internal Flight Alternative existed in Cairo or Alexandria: there is insufficient objective evidence that the agents of persecution could locate them there or that relocation would be unreasonable in all the circumstances; allegations of bias were unsupported and most new evidence was either not new, not credible or not relevant.
- Citation
- TC1-04644
- Parties
- Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 28 October 2021
- Procedural Posture
- Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal Dismissal
- Outcome
- Appeals dismissed; decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection.
- Legal Topics
- Internal Flight Alternative, Credibility, Reasonable Apprehension of Bias, New Evidence Admissibility, Social Media Privacy and Risk, State Protection and Corruption
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXX XXXX
Principal Appellant
XXXX XXXX XXXX XXXX
Associate Appellant
XXXX XXXX XXXX XXXX XXXX
Associate Appellant
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal Dismissal
Legal Issues
- 1 Existence of an Internal Flight Alternative (IFA) to Cairo or Alexandria
- 2 Whether appellants qualify as Convention refugees or persons in need of protection
- 3 Allegation of reasonable apprehension of bias by the RPD
Ratio Decidendi
The appeals are dismissed because, on an independent review, the appellants failed to rebut the RPD's finding that a viable Internal Flight Alternative existed in Cairo or Alexandria: there is insufficient objective evidence that the agents of persecution could locate them there or that relocation would be unreasonable in all the circumstances; allegations of bias were unsupported and most new evidence was either not new, not credible or not relevant.
Court Disposition
Appeals dismissed; decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection.
Orders
- Appeals dismissed
- Decision of the Refugee Protection Division dated April 19, 2021 confirmed
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