MC0-09990

MC0-09990

The RAD dismisses the appeal because the RPD correctly found that no arrest warrant, FIR or credible evidence of national police interest existed, inter-state police tracking systems and tenant verification are unreliable in practice, and on a balance of probabilities the Appellants could reasonably and safely relocate to Madhya Pradesh or Chhattisgarh; therefore there is a viable IFA and no serious possibility of persecution, so the Appellants are not Convention refugees nor persons in need of protection.

Citation
MC0-09990
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility, Bias, Admissibility of New Evidence, Convention Refugee Determination, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Bias Admissibility of New Evidence Convention Refugee Determination +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether an internal flight alternative (IFA) in Madhya Pradesh or Chhattisgarh is viable
  3. 3 Whether the RPD erred in credibility findings and exhibited bias

Ratio Decidendi

The RAD dismisses the appeal because the RPD correctly found that no arrest warrant, FIR or credible evidence of national police interest existed, inter-state police tracking systems and tenant verification are unreliable in practice, and on a balance of probabilities the Appellants could reasonably and safely relocate to Madhya Pradesh or Chhattisgarh; therefore there is a viable IFA and no serious possibility of persecution, so the Appellants are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division of September 21, 2020, is confirmed; Appellants are neither Convention refugees nor persons in need of protection