MB4-00910

MB4-00910

The RPD's finding that an IFA existed in Dhaka was unreasonable because the panel accepted the principal appellant's credibility yet relied selectively on parts of the evidence without explaining why other credible allegations were discounted and failed to address state protection; that error rendered the IFA conclusion outside a range of defensible outcomes and required setting aside and referral for redetermination.

Citation
MB4-00910
Parties
Principal Appellant: XXXX XXXX; Spouse: XXXX XXXX; Minor Daughter: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 May 2014
Procedural Posture
Refugee Protection Appeal / RAD Decision
Outcome
Appeal allowed; RPD determination set aside and matter referred to a differently constituted panel for re-determination
Legal Topics
Internal Flight Alternative, Credibility Assessment, State Protection, Standard of Review, Remedy Remittal
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment State Protection Standard of Review Remedy Remittal

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse

XXXX XXXX

Minor Daughter

Procedural Posture

Refugee Protection Appeal / RAD Decision

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) existed in Dhaka for the appellants
  2. 2 Whether the RPD reasonably assessed credibility and the IFA evidence
  3. 3 Whether the RPD failed to analyze state protection

Ratio Decidendi

The RPD's finding that an IFA existed in Dhaka was unreasonable because the panel accepted the principal appellant's credibility yet relied selectively on parts of the evidence without explaining why other credible allegations were discounted and failed to address state protection; that error rendered the IFA conclusion outside a range of defensible outcomes and required setting aside and referral for redetermination.

Court Disposition

Appeal allowed; RPD determination set aside and matter referred to a differently constituted panel for re-determination

Orders

  • Appeal allowed
  • Set aside the Refugee Protection Division decision dated February 18, 2014