MB9-26879

MB9-26879

The RPD was correct that relocation to Bangalore or Mumbai would avoid a serious possibility of persecution because there were no formal charges or arrest warrant, tenant verification and CCTNS were unlikely to reveal the appellants in the circumstances, and Punjab police would not pursue them across states in a non-extreme case; therefore the appellants are not Convention refugees nor persons in need of protection.

Citation
MB9-26879
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 March 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Internal Flight Alternative, Risk of Persecution, Tenant Verification, Crime and Criminal Tracking Network and Systems (cctns)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative Risk of Persecution Tenant Verification Crime and Criminal Tracking Network and Systems (cctns)

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision

Legal Issues

  1. 1 Availability of internal flight alternative (IFA) in Bangalore or Mumbai
  2. 2 Whether Punjab police would track appellants across states
  3. 3 Effect of tenant verification system and CCTNS on relocation risk

Ratio Decidendi

The RPD was correct that relocation to Bangalore or Mumbai would avoid a serious possibility of persecution because there were no formal charges or arrest warrant, tenant verification and CCTNS were unlikely to reveal the appellants in the circumstances, and Punjab police would not pursue them across states in a non-extreme case; therefore the appellants are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • RPD decision confirmed