TB6-08604

TB6-08604

Although the RPD erred in disbelieving the Principal Appellant primarily for lack of documentary corroboration, the RAD found on a balance of probabilities that the Appellants have a viable internal flight alternative in Abuja (no serious possibility of persecution there and relocation would not be unreasonable) and therefore confirmed the RPD decision dismissing the refugee claims.

Citation
TB6-08604
Parties
Principal Appellant: XXXX XXXX; Secondary Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 October 2016
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Standard of Review, Convention Refugee, Persons in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Standard of Review Convention Refugee Persons in Need of Protection

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Secondary Appellant

XXXX XXXX

Minor Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the Appellants are persons in need of protection
  3. 3 Whether there is a viable internal flight alternative (IFA) in Abuja

Ratio Decidendi

Although the RPD erred in disbelieving the Principal Appellant primarily for lack of documentary corroboration, the RAD found on a balance of probabilities that the Appellants have a viable internal flight alternative in Abuja (no serious possibility of persecution there and relocation would not be unreasonable) and therefore confirmed the RPD decision dismissing the refugee claims.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act
  • No referral back to the RPD