VB9-02248

VB9-02248

The RAD confirmed the RPD because the appellant, while found credible on the facts surrounding the Fatwa and the 2015 assault, failed to rebut the proposed IFA in Accra with objective evidence that the Fatwa was acted upon or that he would be pursued there; relocation to Accra was reasonable and the threshold for refugee protection or protection as a person in need of protection was not met.

Citation
VB9-02248
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by the Refugee Appeal Division Confirming RPD Determination
Outcome
Appeal dismissed; RPD decision confirmed — appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Credibility, Risk of Persecution, Religious Based Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Credibility Risk of Persecution Religious Based Persecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Person Who Is the Subject of the Appeal

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision by the Refugee Appeal Division Confirming RPD Determination

Legal Issues

  1. 1 Whether the appellant has a viable internal flight alternative (IFA) in Accra
  2. 2 Whether the appellant is a Convention refugee under section 96 of the IRPA
  3. 3 Whether the appellant faces a serious risk of persecution or other protection grounds arising from a Fatwa issued in Kumasi

Ratio Decidendi

The RAD confirmed the RPD because the appellant, while found credible on the facts surrounding the Fatwa and the 2015 assault, failed to rebut the proposed IFA in Accra with objective evidence that the Fatwa was acted upon or that he would be pursued there; relocation to Accra was reasonable and the threshold for refugee protection or protection as a person in need of protection was not met.

Court Disposition

Appeal dismissed; RPD decision confirmed — appellant is neither a Convention refugee nor a person in need of protection

Orders

  • The Refugee Appeal Division confirms the Refugee Protection Division decision pursuant to paragraph 111(1)(a) of the IRPA; no relief granted