TB9-19683

TB9-19683

The appeal is dismissed because the appellant is an Indian citizen by birth and failed to establish significant impediments to exercising Indian citizenship rights or to show he made reasonable efforts to overcome any non-significant impediments; central allegations (RC seizure, bribery, length and nature of detentions and police mistreatment) were found not credible on balance of probabilities; proposed new evidence was either inadmissible or immaterial to credibility; accordingly there is no serious possibility of persecution or need for protection in relation to India.

Citation
TB9-19683
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) Under IRPA / Final Decision on Appeal (reasons for Decision; Appeal Dismissed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Country of Reference, Citizenship Rights, Admissibility of New Evidence, Credibility Findings, Risk of Persecution, Deportation, In Person Hearing, Burden of Proof, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Country of Reference Citizenship Rights Admissibility of New Evidence Credibility Findings Risk of Persecution +4 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) Under IRPA / Final Decision on Appeal (reasons for Decision; Appeal Dismissed)

Legal Issues

  1. 1 Whether India is the country of reference for the appellant
  2. 2 Whether the appellant is a Convention refugee or a person in need of protection
  3. 3 Whether the appellant established significant impediments to exercising Indian citizenship rights

Ratio Decidendi

The appeal is dismissed because the appellant is an Indian citizen by birth and failed to establish significant impediments to exercising Indian citizenship rights or to show he made reasonable efforts to overcome any non-significant impediments; central allegations (RC seizure, bribery, length and nature of detentions and police mistreatment) were found not credible on balance of probabilities; proposed new evidence was either inadmissible or immaterial to credibility; accordingly there is no serious possibility of persecution or need for protection in relation to India.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision dated June 24, 2019 confirmed