VC1-04811

VC1-04811

The appeal is dismissed because the RPD correctly found viable internal flight alternatives in Mumbai and Delhi and the Appellant failed to rebut the presumption of safety there on the balance of probabilities; additionally, the Appellant's police reports were found not credible due to unexplained anachronistic references and possible fabrication, undermining the claim and leaving the determinative issue of IFA unresolved in the Appellant's favor.

Citation
VC1-04811
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 November 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) Under IRPA / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility of Documentary Evidence, New Evidence Jurisdiction, Burden of Proof, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Human Rights Internal Flight Alternative Credibility of Documentary Evidence New Evidence Jurisdiction +2 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration (Canada)

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) Under IRPA / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the Appellant has a safe and viable internal flight alternative (IFA) in Mumbai or Delhi
  2. 2 Whether the Appellant's corroborative police reports are credible and admissible
  3. 3 Whether the Appellant faces a real risk from the INC or from state actors (police/Modi-BJP) in the IFAs

Ratio Decidendi

The appeal is dismissed because the RPD correctly found viable internal flight alternatives in Mumbai and Delhi and the Appellant failed to rebut the presumption of safety there on the balance of probabilities; additionally, the Appellant's police reports were found not credible due to unexplained anachronistic references and possible fabrication, undermining the claim and leaving the determinative issue of IFA unresolved in the Appellant's favor.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; decision of the Refugee Protection Division confirmed that the Appellant is neither a Convention refugee nor a person in need of protection.