MC1-03846

MC1-03846

The appeal is dismissed because the RPD correctly found, on an independent assessment, that appellants failed to discharge the burden of proving on a balance of probabilities that the Punjab police or the creditor had the means and motivation to locate or persecute them in the identified IFAs, and that relocation to Delhi or Mumbai would be objectively unreasonable; therefore appellants are neither Convention refugees nor persons in need of protection.

Citation
MC1-03846
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 October 2021
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Credibility Findings, State Protection, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Determination Credibility Findings State Protection Country Conditions

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether a safe and reasonable Internal Flight Alternative (IFA) exists in Delhi or Mumbai
  2. 2 Whether the appellants face a serious possibility of persecution or risk of torture in the IFA
  3. 3 Credibility and omission issues in the Basis of Claim and testimony

Ratio Decidendi

The appeal is dismissed because the RPD correctly found, on an independent assessment, that appellants failed to discharge the burden of proving on a balance of probabilities that the Punjab police or the creditor had the means and motivation to locate or persecute them in the identified IFAs, and that relocation to Delhi or Mumbai would be objectively unreasonable; therefore appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the Appellants are neither Convention refugees nor persons in need of protection