MB9-10201

MB9-10201

The Appellants failed to rebut the RPD's finding of a viable internal flight alternative in Abuja on both the no-serious-possibility-of-persecution and objective-reasonableness prongs; the RPD did not err in applying JG TB7-19851; accordingly the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed under s.111(1)(a) IRPA.

Citation
MB9-10201
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (female): XXXX XXXX XXXX; Associate Appellant (male): XXXX XXXX XXXX; Associate Appellant (minor Female): XXXX XXXX XXXX; Respondent (minister of Citizenship and Immigration): Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division — Decision Issued
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Person in Need of Protection, Jurisprudential Guide, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Person in Need of Protection Jurisprudential Guide Burden of Proof

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (female)

XXXX XXXX XXXX

Associate Appellant (male)

XXXX XXXX XXXX

Associate Appellant (minor Female)

Minister

Respondent (minister of Citizenship and Immigration)

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division — Decision Issued

Legal Issues

  1. 1 Whether the Appellants have a viable internal flight alternative in Abuja
  2. 2 Whether JG TB7-19851 may be applied and whether its application unlawfully fetters Members' discretion
  3. 3 Whether the Appellants face persecution from non-state actors capable of locating them in Abuja

Ratio Decidendi

The Appellants failed to rebut the RPD's finding of a viable internal flight alternative in Abuja on both the no-serious-possibility-of-persecution and objective-reasonableness prongs; the RPD did not err in applying JG TB7-19851; accordingly the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act