MB8-24336

MB8-24336

The RAD dismissed the appeal and confirmed the RPD decision because the RPD correctly found, on the evidence, that Abuja constituted a viable internal flight alternative: appellants failed to show a serious possibility of persecution in Abuja and failed to show that relocation there would be unreasonable in their particular circumstances; allegations of bias and procedural unfairness were not established and the jurisprudential guide was lawfully relied upon and did not fetter the panel's discretion.

Citation
MB8-24336
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 September 2019
Procedural Posture
Refugee Protection Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision of October 3, 2018 confirmed
Legal Topics
Internal Flight Alternative, Procedural Fairness, Bias, Jurisprudential Guide, Gender Considerations, Indigeneship, Standard of Review, Credibility and Evidentiary Burden
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Procedural Fairness Bias Jurisprudential Guide Gender Considerations +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether a reasonable apprehension of bias existed against the RPD member
  2. 2 Whether the RPD breached procedural fairness by not providing advance notice of proposed IFAs
  3. 3 Whether the jurisprudential guide (JG) is lawful and whether the RPD improperly fettered its discretion by relying on it

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD decision because the RPD correctly found, on the evidence, that Abuja constituted a viable internal flight alternative: appellants failed to show a serious possibility of persecution in Abuja and failed to show that relocation there would be unreasonable in their particular circumstances; allegations of bias and procedural unfairness were not established and the jurisprudential guide was lawfully relied upon and did not fetter the panel's discretion.

Court Disposition

Appeal dismissed; RPD decision of October 3, 2018 confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act