MB8-18232

MB8-18232

The RPD failed to address forced family separation when applying the second branch of the IFA test; because forced separation of the appellants' young children from their parents would be unduly harsh, Mumbai and Karachi are not reasonable IFAs for the appellants who are citizens of India and Pakistan, and therefore those appellants qualify as Convention refugees.

Citation
MB8-18232
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Panel Member: Susan Brown
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 September 2019
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal allowed in part; RPD determination set aside and substituted; Appellants who are citizens of India and Pakistan are found to be Convention refugees; appeal of the United States citizen dismissed.
Legal Topics
Internal Flight Alternative, Convention Refugee, Admissibility of New Evidence, Forced Family Separation, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Admissibility of New Evidence Forced Family Separation Standard of Review

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Designated Representative

Susan Brown

Panel Member

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether Mumbai is a viable internal flight alternative for the Principal Appellant
  2. 2 Whether Karachi is a viable internal flight alternative for the Pakistani Appellants
  3. 3 Whether the RPD failed to consider forced family separation in the IFA analysis

Ratio Decidendi

The RPD failed to address forced family separation when applying the second branch of the IFA test; because forced separation of the appellants' young children from their parents would be unduly harsh, Mumbai and Karachi are not reasonable IFAs for the appellants who are citizens of India and Pakistan, and therefore those appellants qualify as Convention refugees.

Court Disposition

Appeal allowed in part; RPD determination set aside and substituted; Appellants who are citizens of India and Pakistan are found to be Convention refugees; appeal of the United States citizen dismissed.

Orders

  • Pursuant to s.111(1)(b) IRPA the RAD sets aside the RPD determination and substitutes its own determination that the appellants who are citizens of India and Pakistan are Convention refugees
  • The appeal of the appellant who is a citizen of the United States is dismissed