MB7-26181

MB7-26181

On independent review the RAD found on a balance of probabilities that the appellants are not at serious risk of persecution in Delhi or Mumbai and that relocation there would not be objectively unreasonable given objective country evidence and the appellants' capacities; accordingly the RPD's IFA finding was correct and the appeal is dismissed.

Citation
MB7-26181
Parties
Appellant (husband): XXXX XXXX; Appellant (wife): XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 May 2019
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Standard of Review, Burden of Proof, Protection Claims, Country Condition Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Standard of Review Burden of Proof Protection Claims Country Condition Evidence

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Parties

XXXX XXXX

Appellant (husband)

XXXX XXXX

Appellant (wife)

Minister (Canada)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellants have a viable internal flight alternative (IFA) in Delhi or Mumbai
  2. 2 Whether the RPD's IFA finding was unreasonable or made in a factual vacuum
  3. 3 Whether the appellants face a serious possibility of persecution by Punjab police in the proposed IFAs

Ratio Decidendi

On independent review the RAD found on a balance of probabilities that the appellants are not at serious risk of persecution in Delhi or Mumbai and that relocation there would not be objectively unreasonable given objective country evidence and the appellants' capacities; accordingly the RPD's IFA finding was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed by RAD
  • Decision of the Refugee Protection Division dated December 5, 2017 confirmed that the appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act