TC2-06698

TC2-06698

The appeal is dismissed because the RPD correctly found a safe and reasonable internal flight alternative in Delhi: appellants failed to prove agents would be both motivated and capable of finding or harming them in Delhi and failed to show relocation would amount to undue hardship; the newly submitted affidavits did not materially alter credibility or the risk assessment and did not justify an oral hearing.

Citation
TC2-06698
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 November 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, New Evidence Admissibility, Credibility, Gender Based Persecution, Reasonableness of Relocation
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative New Evidence Admissibility Credibility Gender Based Persecution Reasonableness of Relocation

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (IFA) in Delhi
  2. 2 Whether the new evidence meets subsection 110(4) IRPA and raises credibility issues warranting an oral hearing
  3. 3 Whether agents of persecution would be motivated and have the means to pursue appellants to the IFA

Ratio Decidendi

The appeal is dismissed because the RPD correctly found a safe and reasonable internal flight alternative in Delhi: appellants failed to prove agents would be both motivated and capable of finding or harming them in Delhi and failed to show relocation would amount to undue hardship; the newly submitted affidavits did not materially alter credibility or the risk assessment and did not justify an oral hearing.

Court Disposition

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

Orders

  • The Refugee Appeal Division dismisses the appeal and confirms the Refugee Protection Division's decision of rejection dated prior to this decision.