TC2-09698

TC2-09698

The appeal is dismissed because the RAD found no error in the RPD's finding that a viable internal flight alternative exists in Hyderabad: objective NDP evidence shows SSP/LeJ capacity and geographic reach do not support a serious possibility of persecution there, the PA lacks the profile to be targeted in Hyderabad, and relocation to Hyderabad would not be unreasonable; therefore appellants are neither Convention refugees nor persons in need of protection.

Citation
TC2-09698
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 September 2022
Procedural Posture
Refugee Appeal / Reasons and Decision
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Risk Assessment, Use of National Documentation Package
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Determination Risk Assessment Use of National Documentation Package

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Reasons and Decision

Legal Issues

  1. 1 whether appellants are Convention refugees under section 96 IRPA
  2. 2 whether appellants are persons in need of protection under subsection 97(1) IRPA
  3. 3 whether an internal flight alternative to Hyderabad is viable

Ratio Decidendi

The appeal is dismissed because the RAD found no error in the RPD's finding that a viable internal flight alternative exists in Hyderabad: objective NDP evidence shows SSP/LeJ capacity and geographic reach do not support a serious possibility of persecution there, the PA lacks the profile to be targeted in Hyderabad, and relocation to Hyderabad would not be unreasonable; therefore appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and Refugee Protection Division decision dated March 24, 2021 confirmed.