TC0-10165

TC0-10165

The Principal Appellant and Minor Appellant have a legal right to acquire Indian citizenship through the Associate Appellant's Indian citizenship and the Principal Appellant failed to prove on a balance of probabilities a significant impediment to exercising those citizenship rights; objective evidence shows LeT would not plausibly report the family to Indian authorities and the evidence of discrimination against Christians in India does not meet the test for persecution; therefore the Appellants have not demonstrated a well-founded fear of persecution and the RAD dismisses the appeal under s.111(1)(a) IRPA.

Citation
TC0-10165
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Adult Child Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2021
Procedural Posture
Refugee Appeal / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision of July 27, 2020 confirmed; Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Country of Reference, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Citizenship Acquisition, Religious Persecution, Gender Based Persecution
Source Language
English
Immigration Law Refugee Law Citizenship Law Country of Reference Well Founded Fear of Persecution State Protection Internal Flight Alternative Citizenship Acquisition +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Adult Child Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether India is the country of reference for the Principal and Minor Appellants based on Associate Appellant's Indian citizenship
  2. 2 Whether the Appellants have a well-founded fear of persecution in India or Pakistan
  3. 3 Whether there are significant impediments preventing acquisition of Indian citizenship by the Principal and Minor Appellants

Ratio Decidendi

The Principal Appellant and Minor Appellant have a legal right to acquire Indian citizenship through the Associate Appellant's Indian citizenship and the Principal Appellant failed to prove on a balance of probabilities a significant impediment to exercising those citizenship rights; objective evidence shows LeT would not plausibly report the family to Indian authorities and the evidence of discrimination against Christians in India does not meet the test for persecution; therefore the Appellants have not demonstrated a well-founded fear of persecution and the RAD dismisses the appeal under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision of July 27, 2020 confirmed; Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • Decision of the Refugee Protection Division dated July 27, 2020 confirmed