MB3-04890

MB3-04890

The RAD confirmed the RPD's two‑pronged IFA finding as reasonable because the evidence supported that the feared individuals were unlikely to pursue the appellant in Balti and that relocating there would not be objectively unreasonable, therefore the appellant is not a Convention refugee nor a person in need of protection.

Citation
MB3-04890
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Intervenor: Minister of Public Safety of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2014
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Determination on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Standard of Review, Reasonableness, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Standard of Review Reasonableness Convention Refugee Person in Need of Protection

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Public Safety of Canada

Respondent / Intervenor

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Determination on Appeal

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) was available to the appellant in Moldova
  2. 2 Whether the RPD's finding that an IFA existed was unreasonable
  3. 3 Which standard of review applies to the RAD's assessment of the RPD decision

Ratio Decidendi

The RAD confirmed the RPD's two‑pronged IFA finding as reasonable because the evidence supported that the feared individuals were unlikely to pursue the appellant in Balti and that relocating there would not be objectively unreasonable, therefore the appellant is not a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed that the appellant is not a Convention refugee or a person in need of protection