TC1-00790

TC1-00790

The RAD confirmed the RPD decision: the new affidavit was excluded for lack of credibility and the Appellants failed to rebut the RPD's finding that a viable and reasonable IFA exists in Mumbai; therefore there is no serious possibility of persecution or s.97(1) risk in Mumbai and the appeal is dismissed pursuant to s.111(1)(a) IRPA.

Citation
TC1-00790
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 August 2021
Procedural Posture
Refugee Protection Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Credibility, Admission of New Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Admission of New Evidence Standard of Review

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether new evidence should be admitted under s.110(4) IRPA
  2. 2 Whether the RPD erred in its credibility findings
  3. 3 Whether there is a viable internal flight alternative (IFA) in Mumbai

Ratio Decidendi

The RAD confirmed the RPD decision: the new affidavit was excluded for lack of credibility and the Appellants failed to rebut the RPD's finding that a viable and reasonable IFA exists in Mumbai; therefore there is no serious possibility of persecution or s.97(1) risk in Mumbai and the appeal is dismissed pursuant to s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • New affidavit/new evidence not admitted