TC2-07701

TC2-07701

The RAD dismisses the appeal because the RPD correctly found a viable internal flight alternative in Bengaluru: on the balance of probabilities agents of harm lack motivation to pursue the appellants beyond Kerala and relocation to Bengaluru would not be unduly harsh, therefore appellants are neither Convention refugees nor persons in need of protection.

Citation
TC2-07701
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 September 2022
Procedural Posture
Refugee Appeal / Final Decision on Appeal (rad Review of RPD Decision; No New Evidence; No Oral Hearing)
Outcome
Appeal dismissed; decision of the Refugee Protection Division upheld
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Protection From Torture (s.97 Irpa), Standard of Proof, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law International Human Rights Internal Flight Alternative Convention Refugee Determination Protection From Torture (s.97 Irpa) Standard of Proof +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Final Decision on Appeal (rad Review of RPD Decision; No New Evidence; No Oral Hearing)

Legal Issues

  1. 1 Whether appellants have a viable internal flight alternative in Bengaluru
  2. 2 Whether appellants face a reasonable possibility of persecution or, on balance of probabilities, s.97 harm if returned to India
  3. 3 Whether it would be unduly harsh or jeopardize life or safety to relocate to the IFA

Ratio Decidendi

The RAD dismisses the appeal because the RPD correctly found a viable internal flight alternative in Bengaluru: on the balance of probabilities agents of harm lack motivation to pursue the appellants beyond Kerala and relocation to Bengaluru would not be unduly harsh, therefore appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division upheld

Orders

  • Appeal dismissed and RPD decision confirmed