TB5-10411

TB5-10411

On an independent assessment the RAD found the RPD reasonably applied the Rasaratnam IFA test to the evidence, there was no persuasive evidence the Appellant had a political profile or MDC membership making him a target, and Bulawayo constituted a viable internal flight alternative; therefore the Appellant is...

Source-derived case information.

Citation
TB5-10411
Parties
Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 November 2015
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Decision (rad Confirmation/dismissal)
Outcome
Appeal dismissed; RPD decision confirmed that the Appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Internal Flight Alternative, Credibility Findings, Convention Refugee Definition, Standard of Review/appeal
Source Language
english
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Convention Refugee Definition Standard of Review/appeal

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Parties

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Refugee Appeal Division Decision (rad Confirmation/dismissal)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD erred in finding a viable internal flight alternative (IFA) in Bulawayo

Ratio Decidendi

On an independent assessment the RAD found the RPD reasonably applied the Rasaratnam IFA test to the evidence, there was no persuasive evidence the Appellant had a political profile or MDC membership making him a target, and Bulawayo constituted a viable internal flight alternative; therefore the Appellant is neither a Convention refugee nor a person in need of protection and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed that the Appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • Pursuant to Section 111(1)(a) of IRPA the RAD confirms the RPD decision and dismisses the appeal.