TB8-06398

TB8-06398

The RAD confirmed the RPD because the PA and FA hold valid Kazakhstan permanent resident cards and are therefore excluded under Article 1E/section 98, and because the appellants failed to provide credible, corroborated evidence of a real risk of persecution in Azerbaijan or to meet the high threshold to show that an internal flight alternative in Ganja would be objectively unreasonable.

Citation
TB8-06398
Parties
Principal Appellant: XXXX XXXX; Spouse/appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 May 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / RAD Decision Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Exclusion (article 1 E), Convention Refugee (section 96), Person in Need of Protection (section 97), Internal Flight Alternative, Credibility Assessment, Procedural Fairness, Onus of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Exclusion (article 1 E) Convention Refugee (section 96) Person in Need of Protection (section 97) Internal Flight Alternative Credibility Assessment +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse/appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / RAD Decision Confirming RPD Decision

Legal Issues

  1. 1 Whether appellants are excluded from refugee protection under Article 1E/section 98 due to third country permanent resident status in Kazakhstan
  2. 2 Whether appellants qualify as Convention refugees under section 96 regarding persecution risk in Azerbaijan
  3. 3 Whether appellants are persons in need of protection under section 97 (risk of torture, risk to life, or cruel and unusual treatment)

Ratio Decidendi

The RAD confirmed the RPD because the PA and FA hold valid Kazakhstan permanent resident cards and are therefore excluded under Article 1E/section 98, and because the appellants failed to provide credible, corroborated evidence of a real risk of persecution in Azerbaijan or to meet the high threshold to show that an internal flight alternative in Ganja would be objectively unreasonable.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection