TC2-02075

TC2-02075

The RAD dismissed the appeal because the RPD correctly found a viable Internal Flight Alternative in Mumbai: objective evidence showed Indian police and local actors lack reliable means to trace the appellants across states (no FIR, fragmented CCTNS, inadequate tenant/Aadhaar access), the Dalit community lacked means to pursue them to Mumbai, and relocation to Mumbai did not pose conditions that would jeopardize their life or safety; therefore the appellants are neither Convention refugees nor persons in need of protection.

Citation
TC2-02075
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 June 2022
Procedural Posture
Refugee Protection Appeal / Appeal Decision (rad Dismissal)
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Internal Flight Alternative (ifa), Standard of Review, Evidence Assessment, Identification Systems (aadhaar/cctns)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Internal Flight Alternative (ifa) Standard of Review +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision (rad Dismissal)

Legal Issues

  1. 1 Whether a viable Internal Flight Alternative exists in Mumbai
  2. 2 Whether Indian police or members of the Dalit community had the means and motive to trace and persecute the appellants in Mumbai
  3. 3 Whether returning failed refugee claimants face heightened scrutiny by Indian authorities

Ratio Decidendi

The RAD dismissed the appeal because the RPD correctly found a viable Internal Flight Alternative in Mumbai: objective evidence showed Indian police and local actors lack reliable means to trace the appellants across states (no FIR, fragmented CCTNS, inadequate tenant/Aadhaar access), the Dalit community lacked means to pursue them to Mumbai, and relocation to Mumbai did not pose conditions that would jeopardize their life or safety; therefore the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed; decision of the Refugee Protection Division dated January 18, 2022 is confirmed