VC1-03543

VC1-03543

Appellants failed to prove, on the balance required, that Lahore is not a viable internal flight alternative because the evidence did not establish that the 2009 killing was religiously motivated or that persecutors would locate the appellants in Lahore; therefore the RPD correctly denied refugee protection and the appeal is dismissed.

Citation
VC1-03543
Parties
Principal Appellant: XXXX XXXX XXXX; Spousal Associate Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2021
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Burden of Proof, Risk Assessment, Credibility of Evidence
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Burden of Proof Risk Assessment Credibility of Evidence

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spousal Associate Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the killing of the Principal Appellant's brother was motivated by religion
  2. 2 Whether the Refugee Protection Division erred in assessing the viability of an internal flight alternative in Lahore
  3. 3 Whether appellants meet the burden to show a serious possibility of persecution or risk of torture/cruel treatment in the proposed IFA

Ratio Decidendi

Appellants failed to prove, on the balance required, that Lahore is not a viable internal flight alternative because the evidence did not establish that the 2009 killing was religiously motivated or that persecutors would locate the appellants in Lahore; therefore the RPD correctly denied refugee protection and the appeal is dismissed.

Court Disposition

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

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated April 27, 2021 confirmed