MC2-01412

MC2-01412

The appeal is dismissed because the Appellants failed to provide sufficient objective evidence that the Indian police would persecute or seriously harm them on return; the RPD's finding that their fear of the police was speculative was reasonable and dispositive of the appeal.

Citation
MC2-01412
Parties
Appellant (principal): Ms. XXXX XXXX; Appellant (associate): Mr. XXXX XXXX; Appellant (associate): Ms. XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 May 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Decision (dismissed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility, Forward Looking Risk, Persecution by State Agents, Gender Based Persecution, Hearsay/corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Protection Claims Credibility Forward Looking Risk Persecution by State Agents Gender Based Persecution +1 more

Case Brief

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Parties

Ms. XXXX XXXX

Appellant (principal)

Mr. XXXX XXXX

Appellant (associate)

Ms. XXXX XXXX

Appellant (associate)

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Appeal Decision (dismissed)

Legal Issues

  1. 1 Whether the Appellants face a serious possibility of persecution or s.97 risk by Indian police on return to India
  2. 2 Whether the RPD erred in credibility and corroboration findings and whether those errors were determinative
  3. 3 Whether the RAD has jurisdiction to assess forward-looking risk on appeal

Ratio Decidendi

The appeal is dismissed because the Appellants failed to provide sufficient objective evidence that the Indian police would persecute or seriously harm them on return; the RPD's finding that their fear of the police was speculative was reasonable and dispositive of the appeal.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed; RPD decision confirmed