MC0-10873

MC0-10873

The appeal is dismissed because the RAD concluded the RPD reasonably found an internal flight alternative in Bizerte: the appellants' allegations were speculative and unsupported, the husband was no longer employed at the alleged source of danger, the appellant could not identify objective barriers to settling in Bizerte (family ties there, no evidence of inability to live or work), and therefore they failed to establish a serious possibility of persecution or need for protection under ss.96‑97 IRPA.

Citation
MC0-10873
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Associate Appellants (children): XXXX XXXX XXXX XXXX (born XXXX XXXX); XXXX XXXX XXXX XXXX (born XXXX XXXX); Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Appeal (appeal From RPD Decision) / Reasons and Decision (rad Dismissal)
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Family Reunification, Indirect Persecution, Convention Refugee Determination, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Family Reunification Indirect Persecution Convention Refugee Determination Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX (born XXXX XXXX); XXXX XXXX XXXX XXXX (born XXXX XXXX)

Associate Appellants (children)

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (appeal From RPD Decision) / Reasons and Decision (rad Dismissal)

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the internal flight alternative (IFA) in Bizerte
  2. 2 Whether family unity or indirect persecution convert the appellants into Convention refugees or persons in need of protection
  3. 3 Whether the appellants established a serious possibility of persecution on a Convention ground if returned to Bizerte

Ratio Decidendi

The appeal is dismissed because the RAD concluded the RPD reasonably found an internal flight alternative in Bizerte: the appellants' allegations were speculative and unsupported, the husband was no longer employed at the alleged source of danger, the appellant could not identify objective barriers to settling in Bizerte (family ties there, no evidence of inability to live or work), and therefore they failed to establish a serious possibility of persecution or need for protection under ss.96‑97 IRPA.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed