TB9-15102

TB9-15102

The RAD dismissed the appeal because the RPD correctly found the appellants' allegations not credible and that lack of credibility was determinative; therefore there was no need to assess an internal flight alternative and the appellants are not Convention refugees nor persons in need of protection under paragraph 111(1)(a) IRPA.

Citation
TB9-15102
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 November 2019
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Final Decision (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Internal Flight Alternative, Persecution, Convention Refugee Status, Risk of Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Findings Internal Flight Alternative Persecution Convention Refugee Status +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Final Decision (rad)

Legal Issues

  1. 1 Whether the RPD erred in finding the appellants not credible
  2. 2 Whether a viable and reasonable internal flight alternative (IFA) existed in India
  3. 3 Whether the RSS constituted an agent of persecution with countrywide reach making IFA unreasonable

Ratio Decidendi

The RAD dismissed the appeal because the RPD correctly found the appellants' allegations not credible and that lack of credibility was determinative; therefore there was no need to assess an internal flight alternative and the appellants are not Convention refugees nor persons in need of protection under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed.
  • Decision of the Refugee Protection Division confirming appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act is confirmed.