TC2-25738

TC2-25738

The appeal is dismissed because, on independent assessment, the RPD correctly found Hyderabad to be a viable internal flight alternative: the appellants did not establish, on the balance of probabilities, that the ex‑fiancé had political or police influence beyond local corrupt officers or that agents of harm had the means to locate the appellants in Hyderabad; relocation would not be unduly harsh.

Citation
TC2-25738
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2023
Procedural Posture
Refugee Appeal / Decision of Refugee Appeal Division
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Credibility Findings, Country Condition Evidence, Political Persecution, Police Databases, Standard of Proof
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Findings Country Condition Evidence Political Persecution Police Databases +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision of Refugee Appeal Division

Legal Issues

  1. 1 Whether the proposed internal flight alternative (Hyderabad) is viable
  2. 2 Whether the appellants established that agents of harm have the means and motivation to find them in the IFA
  3. 3 Whether the ex‑fiancé had established connections to the Congress party or police beyond local corrupt officers

Ratio Decidendi

The appeal is dismissed because, on independent assessment, the RPD correctly found Hyderabad to be a viable internal flight alternative: the appellants did not establish, on the balance of probabilities, that the ex‑fiancé had political or police influence beyond local corrupt officers or that agents of harm had the means to locate the appellants in Hyderabad; relocation would not be unduly harsh.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • The appeal is dismissed.
  • The decision of the Refugee Protection Division that the appellants are neither Convention refugees nor persons in need of protection is confirmed.