TB3-08957

TB3-08957

The RAD independently reviewed the record, applied the established two‑pronged IFA test and concluded the Appellants failed to prove on a balance of probabilities that they would be subject personally to a risk of persecution or serious harm in Tirana and that it would be objectively unreasonable for them to relocate there; accordingly the RPD decision is confirmed and the appeal dismissed.

Citation
TB3-08957
Parties
Principal Appellant: XXXX XXXX; Secondary Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2015
Procedural Posture
Refugee Protection Appeal / Redetermination by Refugee Appeal Division After Federal Court Remittal
Outcome
Appeal dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Standard of Review, Burden of Proof, Credibility Assessment, Remittal
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Standard of Review Burden of Proof Credibility Assessment Remittal

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Secondary Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Redetermination by Refugee Appeal Division After Federal Court Remittal

Legal Issues

  1. 1 Whether the RAD must perform an independent appellate assessment rather than a reasonableness review
  2. 2 Whether a viable internal flight alternative (IFA) exists in Tirana for the Appellants
  3. 3 Whether the Appellants established a personal risk of persecution or serious harm linked to named individuals

Ratio Decidendi

The RAD independently reviewed the record, applied the established two‑pronged IFA test and concluded the Appellants failed to prove on a balance of probabilities that they would be subject personally to a risk of persecution or serious harm in Tirana and that it would be objectively unreasonable for them to relocate there; accordingly the RPD decision is confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection.