TC2-04777

TC2-04777

The appeal is dismissed because the RPD correctly found the appellants lacked credibility regarding the agent and hiding allegations and correctly concluded that New Delhi constitutes a valid Internal Flight Alternative meeting both safety and reasonableness prongs, therefore the appellants are neither Convention refugees nor persons in need of protection.

Citation
TC2-04777
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 November 2022
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal Reasons for Decision
Outcome
Appeal dismissed; appellants are not Convention refugees and are not persons in need of protection.
Legal Topics
Internal Flight Alternative, Credibility, Admission of New Evidence, Oral Hearing, State Protection, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Admission of New Evidence Oral Hearing State Protection +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal Reasons for Decision

Legal Issues

  1. 1 Credibility of testimony regarding the agent and hiding in New Delhi
  2. 2 Validity of Internal Flight Alternative (IFA) in New Delhi - safety prong
  3. 3 Validity of IFA in New Delhi - reasonableness prong

Ratio Decidendi

The appeal is dismissed because the RPD correctly found the appellants lacked credibility regarding the agent and hiding allegations and correctly concluded that New Delhi constitutes a valid Internal Flight Alternative meeting both safety and reasonableness prongs, therefore the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; appellants are not Convention refugees and are not persons in need of protection.

Orders

  • Appeal dismissed pursuant to Immigration and Refugee Protection Act subsection 111(1)(a)
  • Admit one item of new evidence: Indian Express article dated March 31, 2022, for consideration on appeal