TC1-02908

TC1-02908

The appeal is dismissed because the RAD found the RPD did not err on the determinative issue: the Appellants are low-profile and there is no serious possibility of persecution or risk of cruel or unusual treatment in Hyderabad; the LeJ lacks demonstrated reach and capability to track them to Hyderabad; relocation to Hyderabad would not be objectively unreasonable given available services, language ability and employment prospects; credibility-based negative inferences (omissions about children and role at Imam Bargah) were justified; new evidence admitted was not dispositive; and the Appellants failed to establish reasonable apprehension of bias.

Citation
TC1-02908
Parties
Principal Appellant: XXXX XXXX XXXXXXXX; Associate Appellant: XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 October 2021
Procedural Posture
Refugee Appeal / Decision at Refugee Appeal Division (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Credibility Findings, Reasonable Apprehension of Bias, Admission of New Evidence, Convention Refugee Status, Protection Under IRPA
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Reasonable Apprehension of Bias Admission of New Evidence Convention Refugee Status +1 more

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Parties

XXXX XXXX XXXXXXXX

Principal Appellant

XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision at Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in finding a viable internal flight alternative (Hyderabad)
  2. 2 Whether the RPD's credibility findings were reasonable
  3. 3 Whether there was a reasonable apprehension of bias by the RPD member

Ratio Decidendi

The appeal is dismissed because the RAD found the RPD did not err on the determinative issue: the Appellants are low-profile and there is no serious possibility of persecution or risk of cruel or unusual treatment in Hyderabad; the LeJ lacks demonstrated reach and capability to track them to Hyderabad; relocation to Hyderabad would not be objectively unreasonable given available services, language ability and employment prospects; credibility-based negative inferences (omissions about children and role at Imam Bargah) were justified; new evidence admitted was not dispositive; and the Appellants failed to establish reasonable apprehension of bias.

Court Disposition

Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed and RPD decision of March 23, 2021 confirmed