TB7-13441

TB7-13441

Although the RAD found there was sufficient nexus between the robberies and the Appellants' Chinese ethnicity (mixed motives including racial animus), the Appellants nevertheless failed to show they could not reasonably relocate within Guyana; on an independent review the RAD found viable internal flight alternatives in Bartica or Mabaruma and therefore confirmed the RPD decision dismissing the refugee claims (appeal dismissed).

Citation
TB7-13441
Parties
Principal Appellant: XXXX XXXX; Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 May 2018
Procedural Posture
Refugee Protection Appeal Under IRPA / Refugee Appeal Division Decision on Appeal From RPD
Outcome
Appeal dismissed; RPD decision confirmed but for different reasons (nexus found but viable IFA exists)
Legal Topics
Internal Flight Alternative, Credibility Findings, Nexus to Convention Ground, State Protection, Admissibility of New Evidence, Oral Hearing Request
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Nexus to Convention Ground State Protection Admissibility of New Evidence +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Appellants

XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Refugee Appeal Division Decision on Appeal From RPD

Legal Issues

  1. 1 Whether the Appellants established nexus to a Convention ground
  2. 2 Whether an internal flight alternative exists in Bartica or Mabaruma
  3. 3 Whether RPD credibility findings and omissions justified rejection

Ratio Decidendi

Although the RAD found there was sufficient nexus between the robberies and the Appellants' Chinese ethnicity (mixed motives including racial animus), the Appellants nevertheless failed to show they could not reasonably relocate within Guyana; on an independent review the RAD found viable internal flight alternatives in Bartica or Mabaruma and therefore confirmed the RPD decision dismissing the refugee claims (appeal dismissed).

Court Disposition

Appeal dismissed; RPD decision confirmed but for different reasons (nexus found but viable IFA exists)

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed (refugee claims denied)