VC4-07625

VC4-07625

New documents were not admissible on appeal because they pre‑dated the RPD decision and were reasonably available; the RPD correctly found viable IFAs in Mumbai and Bengaluru because the Punjab police lacked sufficient motivation to pursue the appellants there; support for Khalistan at the level alleged does not establish a well‑founded fear of persecution; appeal dismissed and RPD decision confirmed.

Citation
VC4-07625
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 July 2024
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Procedural Fairness, Political Opinion Khalistan
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Procedural Fairness Political Opinion Khalistan

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether newly tendered documents on appeal are admissible
  2. 2 Whether viable internal flight alternatives (IFAs) exist in Mumbai and Bengaluru
  3. 3 Whether appellants face persecution for support of Khalistan (sur place activities)

Ratio Decidendi

New documents were not admissible on appeal because they pre‑dated the RPD decision and were reasonably available; the RPD correctly found viable IFAs in Mumbai and Bengaluru because the Punjab police lacked sufficient motivation to pursue the appellants there; support for Khalistan at the level alleged does not establish a well‑founded fear of persecution; appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision confirmed