MC0-08903

MC0-08903

The RAD held that the RPD misconstrued testimony about the alleged arrest warrant and improperly drew a negative inference; credible evidence, including new documentary evidence and country information about CCTNS and tenant verification, shows a warrant was issued and police continue to search, making any internal flight alternative in India unviable and state protection unavailable; therefore the appellants face a serious possibility of persecution and are Convention refugees.

Citation
MC0-08903
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 January 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal allowed; RAD substitutes RPD decision and finds appellants are Convention refugees / persons in need of protection.
Legal Topics
Internal Flight Alternative, State Protection, Credibility Findings, Admission of New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection Credibility Findings Admission of New Evidence

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Viability of internal flight alternative (IFA) given alleged arrest warrant and national police databases
  2. 2 Availability of state protection from police persecution
  3. 3 Whether the RPD properly assessed credibility of the alleged arrest warrant

Ratio Decidendi

The RAD held that the RPD misconstrued testimony about the alleged arrest warrant and improperly drew a negative inference; credible evidence, including new documentary evidence and country information about CCTNS and tenant verification, shows a warrant was issued and police continue to search, making any internal flight alternative in India unviable and state protection unavailable; therefore the appellants face a serious possibility of persecution and are Convention refugees.

Court Disposition

Appeal allowed; RAD substitutes RPD decision and finds appellants are Convention refugees / persons in need of protection.

Orders

  • RPD decision set aside and substituted: Appellants are Convention refugees and persons in need of protection
  • New evidence Exhibits A-1, A-2 and A-3 admitted on appeal pursuant to s.110(4) IRPA and adapted Raza criteria