TC0-05831

TC0-05831

RPD erred in its IFA analysis by failing to properly weigh credible testimony and corroborative documentary evidence establishing that the Female Associate Appellant's family has the continued ability, motivation and political/police connections to locate and pursue the appellants anywhere in India; consequently there is more than a mere possibility of persecution in the proposed IFA locations, state protection is unavailable, and the RAD substitutes the RPD decision and finds the appellants are Convention refugees.

Citation
TC0-05831
Parties
Principal Appellant: XXXX XXXX XXXX; Female Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 January 2021
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Disposition on Appeal (substitution)
Outcome
Appeal allowed; RAD substitutes for the RPD and finds the appellants are Convention refugees
Legal Topics
Internal Flight Alternative, Credibility, State Protection, Substitution of Decision, New Evidence, Inter‑faith Marriage, Honour‑based Violence
Source Language
English
Immigration Law Refugee Law Human Rights Law Internal Flight Alternative Credibility State Protection Substitution of Decision New Evidence +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Female Associate Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Disposition on Appeal (substitution)

Legal Issues

  1. 1 Whether the RPD correctly assessed viability of internal flight alternative (IFA) in Mumbai, Bangalore and New Delhi
  2. 2 Whether the RPD properly considered applicants' testimony and documentary evidence
  3. 3 Whether state protection was available from police or authorities

Ratio Decidendi

RPD erred in its IFA analysis by failing to properly weigh credible testimony and corroborative documentary evidence establishing that the Female Associate Appellant's family has the continued ability, motivation and political/police connections to locate and pursue the appellants anywhere in India; consequently there is more than a mere possibility of persecution in the proposed IFA locations, state protection is unavailable, and the RAD substitutes the RPD decision and finds the appellants are Convention refugees.

Court Disposition

Appeal allowed; RAD substitutes for the RPD and finds the appellants are Convention refugees

Orders

  • Appeal allowed
  • Decision of the Refugee Protection Division substituted: appellants declared Convention refugees