MC2-06565

MC2-06565

Appeal dismissed because, on the balance of probabilities, the RPD correctly found an IFA in Mumbai: appellants failed to prove the police are motivated or have the means to locate them there, relocation to Mumbai is reasonable, and the s.108(4) compelling‑reasons exception does not apply.

Citation
MC2-06565
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 September 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Compelling Reasons Exception (s.108(4) Irpa), Credibility and Evidence, State Surveillance and Police Databases
Source Language
English
Immigration Law Refugee Protection Administrative Law Internal Flight Alternative Compelling Reasons Exception (s.108(4) Irpa) Credibility and Evidence State Surveillance and Police Databases

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether an Internal Flight Alternative (IFA) exists in Mumbai
  2. 2 Whether Punjab police are motivated to seek the appellants nationwide
  3. 3 Whether appellants' fingerprints or records are in the CCTNS database

Ratio Decidendi

Appeal dismissed because, on the balance of probabilities, the RPD correctly found an IFA in Mumbai: appellants failed to prove the police are motivated or have the means to locate them there, relocation to Mumbai is reasonable, and the s.108(4) compelling‑reasons exception does not apply.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed.