VB9-03394

VB9-03394

The RAD confirmed the RPD correctly found Mumbai to be a viable and reasonable Internal Flight Alternative, applied the correct s.96 standard ('no serious possibility'), found no material interpretation error affecting the outcome, and concluded that caste-based discrimination in Mumbai did not, on the evidence, amount to a serious possibility of persecution; appeal dismissed.

Citation
VB9-03394
Parties
Appellant Principal: XXXX XXXX; Appellant Associate: XXXX XXXX; Appellant Minor: XXXX XXXX; Appellant Minor: XXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 October 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal Reasons for Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) IRPA.
Legal Topics
Internal Flight Alternative, Convention Refugee, Persecution, Caste Discrimination, Natural Justice, Interpretation Quality
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Persecution Caste Discrimination Natural Justice +1 more

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Parties

XXXX XXXX

Appellant Principal

XXXX XXXX

Appellant Associate

XXXX XXXX

Appellant Minor

XXXX

Appellant Minor

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal Reasons for Decision (appeal Dismissed)

Legal Issues

  1. 1 Existence and viability of an Internal Flight Alternative (Mumbai)
  2. 2 Correct standard of proof under section 96 IRPA
  3. 3 Whether poor interpretation constituted breach of natural justice

Ratio Decidendi

The RAD confirmed the RPD correctly found Mumbai to be a viable and reasonable Internal Flight Alternative, applied the correct s.96 standard ('no serious possibility'), found no material interpretation error affecting the outcome, and concluded that caste-based discrimination in Mumbai did not, on the evidence, amount to a serious possibility of persecution; appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) IRPA.

Orders

  • Appeal dismissed and RPD decision confirmed; appellants not Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) IRPA.