MB9-11099

MB9-11099

The appeal is dismissed because the appellants failed to prove, on a balance of probabilities, that agents of harm have the motivation and/or ability to locate or pursue them in Delhi or Mumbai and failed to show that relocation to those cities would be unreasonable; the RPD correctly found viable IFAs and that the appellants are neither Convention refugees nor persons in need of protection.

Citation
MB9-11099
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 September 2020
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Risk Assessment, Credibility, Onus of Proof
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Risk Assessment Credibility Onus of Proof

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

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

Legal Issues

  1. 1 Viability of internal flight alternative in Delhi and Mumbai
  2. 2 Whether appellants are Convention refugees or persons in need of protection
  3. 3 Standard of review for RAD review of RPD findings

Ratio Decidendi

The appeal is dismissed because the appellants failed to prove, on a balance of probabilities, that agents of harm have the motivation and/or ability to locate or pursue them in Delhi or Mumbai and failed to show that relocation to those cities would be unreasonable; the RPD correctly found viable IFAs and that the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated May 2, 2019 confirmed