TB8-10157

TB8-10157

On balance of probabilities the Appellants failed to prove that there is a serious possibility of persecution in the proposed IFA locations; documentary evidence and testimony support that the risk was local and not linked to terrorist groups with nationwide reach, and relocation to Karachi, Islamabad or Lahore is...

Source-derived case information.

Citation
TB8-10157
Parties
Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX; Secondary Appellant: XXXX XXXX; Minor Appellants: XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 March 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA
Legal Topics
Internal Flight Alternative, Credibility Findings, Judicial Review Standard, Convention Refugee Status
Source Language
en
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Judicial Review Standard Convention Refugee Status

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX

Appellant

XXXX XXXX

Secondary Appellant

XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX

Minor Appellants

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (rad)

  1. 1 Whether the Refugee Protection Division erred in its credibility findings
  2. 2 Whether the Appellants have a viable Internal Flight Alternative (IFA) in Pakistan (Karachi, Islamabad or Lahore)
  3. 3 Whether the supporting documents substantiate a risk from terrorist organizations

Ratio Decidendi

On balance of probabilities the Appellants failed to prove that there is a serious possibility of persecution in the proposed IFA locations; documentary evidence and testimony support that the risk was local and not linked to terrorist groups with nationwide reach, and relocation to Karachi, Islamabad or Lahore is reasonable, therefore the RAD confirms the RPD decision and dismisses the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) IRPA

Orders

  • The Refugee Appeal Division confirms the Refugee Protection Division decision and dismisses the appeal.