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The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding it reasonable to hold that Bogotá was a viable internal flight alternative.
The Federal Court dismissed judicial review of a refugee decision, finding no procedural unfairness and no reviewable error in the RPD’s internal flight alternative analysis for Dohuk.
The Federal Court found the RPD’s Internal Flight Alternative analysis unreasonable and set aside its decision, remitting the refugee claim for redetermination.
The panel found that Cali constitutes a viable and reasonable internal flight alternative on the balance of probabilities because the claimants had complied with the perpetrators' demand to leave, there was no evidence of motivation for the perpetrators to pursue them to Cali, objective evidence did not establish a serious possibility of persecution or a probable risk to life/torture/cruel treatment in Cali, and relocation would not be objectively unreasonable given the mother's qualifications and available supports; therefore the claimants are neither Convention refugees nor persons in need…
Source excerpt
The Federal Court set aside an RPD refugee refusal, finding the internal flight alternative analysis unreasonable because it failed to address evidence on internally displaced persons in MedellĂn and Cali.
The Federal Court dismissed a judicial review of a refugee decision, finding the Board had considered the applicants’ internally displaced person status and reasonably rejected ongoing risk from FARC.
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