TB9-17705

TB9-17705

The appeal is dismissed because the RPD's credibility findings were supported by the record, the RPD did not breach natural justice in its handling of implausibilities, and the Appellants failed to discharge the burden to show that viable and reasonable internal flight alternatives (Port Harcourt or Benin City) did not exist, so there is no serious possibility of persecution.

Citation
TB9-17705
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for Appellants: Orr Kolesnik
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 October 2019
Procedural Posture
Refugee Protection Appeal / Appeal Decision
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Female Genital Mutilation, Credibility, Natural Justice, Designation of Representative, Children
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative Female Genital Mutilation Credibility Natural Justice +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellants

XXXX XXXX XXXX

Designated Representative

Orr Kolesnik

Counsel for Appellants

Procedural Posture

Refugee Protection Appeal / Appeal Decision

Legal Issues

  1. 1 Whether appointment of a minor as Designated Representative was erroneous
  2. 2 Whether the RPD erred by relying on the marriage certificate without clarification
  3. 3 Whether the RPD erred by failing to clarify the husband's support

Ratio Decidendi

The appeal is dismissed because the RPD's credibility findings were supported by the record, the RPD did not breach natural justice in its handling of implausibilities, and the Appellants failed to discharge the burden to show that viable and reasonable internal flight alternatives (Port Harcourt or Benin City) did not exist, so there is no serious possibility of persecution.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division of June 3, 2019 is confirmed