MC2-19733

MC2-19733

Appeal dismissed: on independent assessment the RPD correctly found adult appellants have viable IFAs in New Delhi and Mumbai and the Minor Appellant's claim lacks an objective basis; factual findings (extra‑judicial nature of arrest, absence of FIR/warrant or presence in shared databases, and insufficient evidence of Punjab police motivation/means to track appellants outside Punjab) negate a serious possibility of persecution in IFAs.

Citation
MC2-19733
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXXKauXXXX; Minor Appellant: XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2023
Procedural Posture
Refugee Protection Appeal / Decision (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Objective Basis, Standard of Review, Burden and Standard of Proof, State Agents and Persecution, Extra‑judicial Detention
Source Language
English
Immigration Refugee Protection Administrative Law Internal Flight Alternative Objective Basis Standard of Review Burden and Standard of Proof State Agents and Persecution +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXXKauXXXX

Associate Appellant

XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether proposed IFAs (New Delhi, Mumbai) are viable for appellants
  2. 2 Whether the Minor Appellant's fear has an objective basis
  3. 3 Proper standard of review and credibility deference

Ratio Decidendi

Appeal dismissed: on independent assessment the RPD correctly found adult appellants have viable IFAs in New Delhi and Mumbai and the Minor Appellant's claim lacks an objective basis; factual findings (extra‑judicial nature of arrest, absence of FIR/warrant or presence in shared databases, and insufficient evidence of Punjab police motivation/means to track appellants outside Punjab) negate a serious possibility of persecution in IFAs.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act