VC3-01689

VC3-01689

The RPD erred by misinterpreting the evidence on nexus and country conditions; the Principal Appellant's documented and credible support for SAD-A and Khalistan, combined with country documentary evidence showing systemic monitoring, harassment and false prosecutions of Khalistan supporters and lack of state protection nationwide, establish a well‑founded fear of persecution and negate any viable internal flight alternative; therefore the Appellants qualify as Convention refugees and the RPD determination is set aside.

Citation
VC3-01689
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 May 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons and Decision)
Outcome
Appeal allowed; determination of the Refugee Protection Division set aside; Appellants found to be Convention refugees
Legal Topics
Convention Refugee, Political Opinion, Persecution, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Political Opinion Persecution State Protection +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the Principal Appellant's political opinion/support for SAD-A/Khalistan exposes him and his family to persecution
  3. 3 Whether a viable internal flight alternative exists in India

Ratio Decidendi

The RPD erred by misinterpreting the evidence on nexus and country conditions; the Principal Appellant's documented and credible support for SAD-A and Khalistan, combined with country documentary evidence showing systemic monitoring, harassment and false prosecutions of Khalistan supporters and lack of state protection nationwide, establish a well‑founded fear of persecution and negate any viable internal flight alternative; therefore the Appellants qualify as Convention refugees and the RPD determination is set aside.

Court Disposition

Appeal allowed; determination of the Refugee Protection Division set aside; Appellants found to be Convention refugees

Orders

  • Set aside the RPD determination and substitute the RAD decision that the Appellants are Convention refugees
  • Appeal allowed in full