MB4-00517

MB4-00517

The RAD dismissed the appeal because the appellants failed to establish a reasonable apprehension of bias, the RPD's credibility findings and conclusion that Port-au-Prince constituted a viable internal flight alternative were reasonable, and the RPD's reasons were sufficiently clear and justified to fall within a range of acceptable outcomes.

Citation
MB4-00517
Parties
Appellant: XXXX XXXX XXXX; Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 April 2014
Procedural Posture
Refugee Appeal (immigration and Refugee Board Rad) / Decision on Appeal (dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Reasonable Apprehension of Bias, Adequacy of Reasons, Standard of Review and Deference
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Reasonable Apprehension of Bias Adequacy of Reasons Standard of Review and Deference

Case Brief

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Parties

XXXX XXXX XXXX

Appellant

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (immigration and Refugee Board Rad) / Decision on Appeal (dismissal)

Legal Issues

  1. 1 Whether the RPD acted impartially (reasonable apprehension of bias)
  2. 2 Whether the RPD provided clear and sufficient reasons
  3. 3 Whether the RPD erred in assessing an internal flight alternative (IFA to Port-au-Prince)

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to establish a reasonable apprehension of bias, the RPD's credibility findings and conclusion that Port-au-Prince constituted a viable internal flight alternative were reasonable, and the RPD's reasons were sufficiently clear and justified to fall within a range of acceptable outcomes.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection