TB9-33104

TB9-33104

The appeal is dismissed because the RAD found no reversible error in the RPD's credibility determination sufficient to displace the conclusion that the Appellants did not establish a subjective fear of persecution, and independently found on the alternative ground that a viable internal flight alternative exists in Port Harcourt where there is no serious possibility of persecution and relocation would not be unreasonable in the Appellants' circumstances.

Citation
TB9-33104
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 December 2020
Procedural Posture
Refugee Appeal (rad) / Reasons for Decision (final)
Outcome
Appeal dismissed; RPD decision of November 1, 2019 confirmed
Legal Topics
Credibility Assessment, Subjective Fear of Persecution, Internal Flight Alternative, Female Genital Mutilation, Procedural Fairness, Gender Related Persecution, Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Subjective Fear of Persecution Internal Flight Alternative Female Genital Mutilation Procedural Fairness +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad) / Reasons for Decision (final)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether the Principal Appellant has a subjective fear of persecution
  3. 3 Whether a viable internal flight alternative (Port Harcourt) exists

Ratio Decidendi

The appeal is dismissed because the RAD found no reversible error in the RPD's credibility determination sufficient to displace the conclusion that the Appellants did not establish a subjective fear of persecution, and independently found on the alternative ground that a viable internal flight alternative exists in Port Harcourt where there is no serious possibility of persecution and relocation would not be unreasonable in the Appellants' circumstances.

Court Disposition

Appeal dismissed; RPD decision of November 1, 2019 confirmed

Orders

  • Appeal dismissed and RPD decision dated November 1, 2019 confirmed
  • No hearing on new evidence; RAD has no jurisdiction to receive new evidence where none requested