TC3-00834

TC3-00834

Appeal dismissed because the appellants failed to prove nexus to a Convention ground (political opinion or membership in a particular social group - women) and, alternatively, there is a viable internal flight alternative in Dhaka; key documentary evidence supporting risk was found not genuine and the new evidence did not undermine the RPD's core findings.

Citation
TC3-00834
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Second Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 May 2023
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision
Outcome
Appeal dismissed; Appellants are not Convention refugees nor persons in need of protection
Legal Topics
Convention Refugee, Internal Flight Alternative, Nexus to Convention Ground, Document Authenticity and Credibility, Admissibility of New Evidence, Gender Based Claims
Source Language
English
Immigration Refugee Law Administrative Law Evidence Convention Refugee Internal Flight Alternative Nexus to Convention Ground Document Authenticity and Credibility +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Second Associate Appellant

XXXX XXXX

Minor Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the appellants established nexus to a Convention ground (political opinion or membership in a particular social group - women)
  2. 2 Whether the arrest warrant and preliminary information form are genuine and credible
  3. 3 Whether a viable internal flight alternative exists in Dhaka

Ratio Decidendi

Appeal dismissed because the appellants failed to prove nexus to a Convention ground (political opinion or membership in a particular social group - women) and, alternatively, there is a viable internal flight alternative in Dhaka; key documentary evidence supporting risk was found not genuine and the new evidence did not undermine the RPD's core findings.

Court Disposition

Appeal dismissed; Appellants are not Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated December 15, 2022 confirmed