The applicant sought judicial review of a Refugee Appeal Division (RAD) decision rejecting her claim for refugee protection on the basis of a viable internal flight alternative (IFA) in Cap-Haïtien.
The applicant, a Haitian nurse who survived sexual violence in Port-au-Prince, argued the RAD erred in its IFA analysis and that procedural fairness was breached because she was not warned of the IFA issue at the outset of her hearing.
The Federal Court held the RAD's decision was reasonable, finding that the applicant failed to establish a serious possibility of persecution or that relocating to the IFA would be unreasonable.
The Court also held there was no breach of procedural fairness as the applicant was given notice during the hearing and an opportunity to respond.
