MB9-07645

MB9-07645

The RAD affirmed the RPD: the new COVID-19 exhibits were admissible but did not undermine the RPD's findings; the appellant failed to establish nexus to a Convention ground and failed to prove on a balance of probabilities that Punjabi police would have the motivation and ability to locate and persecute him in Mumbai or that he would face a s.97(1) risk there; consequently Mumbai is a reasonable IFA and the appeal is dismissed.

Citation
MB9-07645
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 August 2020
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Convention Grounds Nexus, Admissibility of New Evidence (rule 29; S.110(4) Irpa), COVID 19 and Protection Claims
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Convention Grounds Nexus Admissibility of New Evidence (rule 29; S.110(4) Irpa) COVID 19 and Protection Claims

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Admissibility of new COVID-19 evidence on appeal
  2. 2 Whether RPD erred in finding an internal flight alternative (IFA) in Mumbai
  3. 3 Whether there is nexus to a Convention ground

Ratio Decidendi

The RAD affirmed the RPD: the new COVID-19 exhibits were admissible but did not undermine the RPD's findings; the appellant failed to establish nexus to a Convention ground and failed to prove on a balance of probabilities that Punjabi police would have the motivation and ability to locate and persecute him in Mumbai or that he would face a s.97(1) risk there; consequently Mumbai is a reasonable IFA and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed; appellant not a Convention refugee or person in need of protection