VC2-07725

VC2-07725

The appeal is dismissed because the RAD correctly found that the Appellants failed to rebut the RPD's finding of a viable internal flight alternative: the Appellants were not shown, on the balance of probabilities, to be recorded in national police databases or otherwise subject to tracking or motivated pursuit to the IFA locations; the newly submitted evidence was excluded for lack of credibility or relevance; and relocation to the named Indian cities was objectively reasonable in the circumstances.

Citation
VC2-07725
Parties
Appellant Principal: XXXX XXXX; Appellant Associate (spouse): XXXX XXXX; Appellant Minor Associate (child): XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 November 2023
Procedural Posture
Refugee Appeal Redetermination After Federal Court Judicial Review / Redetermination (refugee Appeal Division)
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility and New Evidence, Burden of Proof, Judicial Review and Remand, Gender Based Persecution
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Credibility and New Evidence Burden of Proof Judicial Review and Remand Gender Based Persecution

Case Brief

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Parties

XXXX XXXX

Appellant Principal

XXXX XXXX

Appellant Associate (spouse)

XXXX XXXX

Appellant Minor Associate (child)

Minister

Respondent

Procedural Posture

Refugee Appeal Redetermination After Federal Court Judicial Review / Redetermination (refugee Appeal Division)

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) exists in India (New Delhi, Mumbai, Kolkata, Bangalore)
  2. 2 Admissibility, relevance and credibility of new evidence filed after the RPD decision
  3. 3 Whether Appellants face a serious possibility of persecution or section 97(1) harm in proposed IFA locations

Ratio Decidendi

The appeal is dismissed because the RAD correctly found that the Appellants failed to rebut the RPD's finding of a viable internal flight alternative: the Appellants were not shown, on the balance of probabilities, to be recorded in national police databases or otherwise subject to tracking or motivated pursuit to the IFA locations; the newly submitted evidence was excluded for lack of credibility or relevance; and relocation to the named Indian cities was objectively reasonable in the circumstances.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of June 16, 2022 confirmed
  • No oral hearing ordered