VC2-01638

VC2-01638

The appeal is dismissed because the Appellants failed to establish, on the evidence, a serious possibility that local political actors or Punjab police are motivated to locate and harm them in Mumbai or New Delhi, and they failed to show that relocation to those IFAs would be objectively unreasonable given their circumstances; therefore the RPD's finding of a viable IFA is correct and determinative.

Citation
VC2-01638
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 October 2022
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Persecution, Political Opinion, Membership in a Particular Social Group, Gender Based Violence, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Persecution Political Opinion Membership in a Particular Social Group Gender Based Violence +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the Appellants have a viable Internal Flight Alternative (IFA) in Mumbai or New Delhi
  2. 2 Whether agents of persecution (local CP members and Punjab police) have the motivation and means to locate and harm the Appellants in the proposed IFAs
  3. 3 Whether the Associate Appellant faces a forward-looking gender-based or personalized subsection 97(1) harm

Ratio Decidendi

The appeal is dismissed because the Appellants failed to establish, on the evidence, a serious possibility that local political actors or Punjab police are motivated to locate and harm them in Mumbai or New Delhi, and they failed to show that relocation to those IFAs would be objectively unreasonable given their circumstances; therefore the RPD's finding of a viable IFA is correct and determinative.

Court Disposition

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

Orders

  • Appeal dismissed and RPD decision of February 15, 2022 confirmed