TC2-06562

TC2-06562

Although the appellants were found credible on central allegations, the RAD dismissed the appeal because the RPD correctly concluded that the appellants have a viable IFA in Mumbai: there is not a serious possibility that New Delhi or Punjab police or the former employees would find and persecute them in Mumbai (no FIR or official record, insufficient motivation or means), and conditions in Mumbai are not objectively unreasonable for the appellants, so they are not Convention refugees or persons in need of protection.

Citation
TC2-06562
Parties
Appellant Principal: XXXX XXXX (Principal Appellant); Appellant Associate: XXXX XXXX XXXX (Associate Appellant); Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 October 2022
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee, Imputed Political Opinion, Credibility Assessment, Country Documentation (ndp)
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Imputed Political Opinion Credibility Assessment Country Documentation (ndp)

Case Brief

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Parties

XXXX XXXX (Principal Appellant)

Appellant Principal

XXXX XXXX XXXX (Associate Appellant)

Appellant Associate

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the RPD erred in finding a viable Internal Flight Alternative (Mumbai)
  2. 2 Whether state agents (New Delhi/Punjab police) have the means and motivation to find and harm the appellants in Mumbai
  3. 3 Whether the unreasonableness finding as to one family member (wife) should extend to entire family by family unity principle

Ratio Decidendi

Although the appellants were found credible on central allegations, the RAD dismissed the appeal because the RPD correctly concluded that the appellants have a viable IFA in Mumbai: there is not a serious possibility that New Delhi or Punjab police or the former employees would find and persecute them in Mumbai (no FIR or official record, insufficient motivation or means), and conditions in Mumbai are not objectively unreasonable for the appellants, so they are not Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of February 23, 2022 upheld