TB9-08336

TB9-08336

The RAD dismissed the appeal and confirmed the RPD because, applying the correctness standard, the documentary record and applicants' evidence do not establish a serious possibility of persecution by DSS or colluding police in Mumbai or Bangalore and the appellants failed the second prong showing relocation would be unreasonable.

Citation
TB9-08336
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 September 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Status, Standard of Review, Credibility/credibility Advantage
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status Standard of Review Credibility/credibility Advantage

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (spouse)

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether internal flight alternatives (IFAs) in Mumbai or Bangalore were reasonably available to the appellants
  2. 2 Whether the appellants face a serious possibility of persecution by Dera Sacha Sauda (DSS) or colluding police if returned to India
  3. 3 Whether the RPD erred in applying documentary evidence and the law to the appellants' profile

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD because, applying the correctness standard, the documentary record and applicants' evidence do not establish a serious possibility of persecution by DSS or colluding police in Mumbai or Bangalore and the appellants failed the second prong showing relocation would be unreasonable.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed