TC1-18714

TC1-18714

Appeal dismissed because appellants did not establish on a balance of probabilities that local criminal gangs or the named police officer had the means and motivation to locate and persecute them in the proposed IFA (Nur‑Sultan), and they failed to show relocation there would be objectively unreasonable; credibility deficits and omissions in their BoCs further undermine their case.

Citation
TC1-18714
Parties
Appellant (principal): XXXX XXXX; Appellant (associate): XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 September 2023
Procedural Posture
Refugee Protection Appeal Redetermination / Reasons and Decision (redetermination by Refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Credibility, State Protection, Ethnic Discrimination, Corruption, Persecution, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility State Protection Ethnic Discrimination Corruption +2 more

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Parties

XXXX XXXX

Appellant (principal)

XXXX XXXX

Appellant (associate)

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Redetermination / Reasons and Decision (redetermination by Refugee Appeal Division)

Legal Issues

  1. 1 Viability of Internal Flight Alternative (Nur‑Sultan)
  2. 2 Whether local criminal gangs have the means and motivation to find and harm the appellants outside their village
  3. 3 Whether district police officer (XXXX) is an agent of persecution

Ratio Decidendi

Appeal dismissed because appellants did not establish on a balance of probabilities that local criminal gangs or the named police officer had the means and motivation to locate and persecute them in the proposed IFA (Nur‑Sultan), and they failed to show relocation there would be objectively unreasonable; credibility deficits and omissions in their BoCs further undermine their case.

Court Disposition

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

Orders

  • Appeal dismissed and RPD decision dated October 29, 2021 confirmed