TC0-06345

TC0-06345

The appeal is dismissed because, on independent review, the Appellants have a viable and reasonable internal flight alternative in Islamabad: there is no credible evidence that the agents of harm (Sunni Tehreek) have the means or motivation to locate and persecute the family in Islamabad, and relocation to Islamabad would not be unduly harsh given the Appellants' circumstances; the procedural fairness error in mentioning Hyderabad was not fatal as Islamabad and D.G. Khan were properly before the parties; new psychotherapy evidence admitted but does not undermine the IFA finding; adverse credibility findings concerning two material embellishments were justified and supported the decision...

Citation
TC0-06345
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2021
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (determination)
Outcome
Appeal dismissed; RPD decision confirmed under section 111(1)(a) IRPA
Legal Topics
Internal Flight Alternative, Credibility Findings, State Protection, Procedural Fairness, Admissibility of New Evidence, Reasonableness of Relocation
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Findings State Protection Procedural Fairness Admissibility of New Evidence +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (determination)

Legal Issues

  1. 1 Whether the RPD erred in finding a viable internal flight alternative (IFA)
  2. 2 Whether inclusion of Hyderabad as an IFA breached procedural fairness
  3. 3 Whether the RPD misassessed state protection

Ratio Decidendi

The appeal is dismissed because, on independent review, the Appellants have a viable and reasonable internal flight alternative in Islamabad: there is no credible evidence that the agents of harm (Sunni Tehreek) have the means or motivation to locate and persecute the family in Islamabad, and relocation to Islamabad would not be unduly harsh given the Appellants' circumstances; the procedural fairness error in mentioning Hyderabad was not fatal as Islamabad and D.G. Khan were properly before the parties; new psychotherapy evidence admitted but does not undermine the IFA finding; adverse credibility findings concerning two material embellishments were justified and supported the decision...

Court Disposition

Appeal dismissed; RPD decision confirmed under section 111(1)(a) IRPA

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated February 6, 2020 is confirmed