MB9-10819

MB9-10819

The Appellants failed to establish, on a balance of probabilities, that their persecutors would be motivated and capable of locating and harming them across Bangladesh; the RPD correctly found viable internal flight alternatives in Dhaka, Khulna or Chittagong and it was reasonable to require relocation, therefore...

Source-derived case information.

Citation
MB9-10819
Parties
Appellant: Mr XXXX; Appellant: XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Standard of Review, Burden of Proof, Relocation Reasonableness
Source Language
english
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Standard of Review Burden of Proof Relocation Reasonableness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr XXXX

Appellant

XXXX XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the Appellants face a serious possibility of persecution anywhere in Bangladesh including Dhaka, Khulna or Chittagong
  2. 2 Whether viable internal flight alternatives exist
  3. 3 Whether it would be reasonable to require relocation to the proposed IFAs

Ratio Decidendi

The Appellants failed to establish, on a balance of probabilities, that their persecutors would be motivated and capable of locating and harming them across Bangladesh; the RPD correctly found viable internal flight alternatives in Dhaka, Khulna or Chittagong and it was reasonable to require relocation, therefore the RPD's rejection of refugee protection was correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD decision of May 8, 2019 confirmed