TB9-18514

TB9-18514

The RAD dismissed the appeal because on independent review it concluded the RPD did not err: the proposed internal flight alternatives were viable and objectively reasonable and there was no serious possibility of persecution of the appellants in those IFAs; any miscitation of the NDP was minor and did not affect the result; there was no breach of procedural fairness in relation to the IFA issue.

Citation
TB9-18514
Parties
Principal Appellant: XXXX XXXX XXXX; Second Appellant: XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX, XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 November 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision on Appeal (rad Decision Confirming Rpd)
Outcome
Appeal dismissed; decision of the Refugee Protection Division of June 4, 2019 confirmed.
Legal Topics
Internal Flight Alternative, Credibility Assessment, Procedural Fairness, Country Evidence, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Procedural Fairness Country Evidence Convention Refugee Determination

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Second Appellant

XXXX XXXX XXXX, XXXX XXXX XXXX

Minor Appellants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision on Appeal (rad Decision Confirming Rpd)

Legal Issues

  1. 1 Whether the RPD erred in its assessment of an Internal Flight Alternative (IFA)
  2. 2 Whether there was a serious possibility of persecution in the proposed IFAs
  3. 3 Whether the proposed IFAs were objectively reasonable given the appellants' circumstances

Ratio Decidendi

The RAD dismissed the appeal because on independent review it concluded the RPD did not err: the proposed internal flight alternatives were viable and objectively reasonable and there was no serious possibility of persecution of the appellants in those IFAs; any miscitation of the NDP was minor and did not affect the result; there was no breach of procedural fairness in relation to the IFA issue.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division of June 4, 2019 confirmed.

Orders

  • Appeal dismissed.
  • Decision of the Refugee Protection Division dated June 4, 2019 is confirmed.