TC2-09579

TC2-09579

The RAD dismissed the appeals because, on independent review, the Appellants failed to prove on a balance of probabilities that Hyderabad is not a viable internal flight alternative: objective evidence shows limited extremist presence in southern Sindh outside Karachi, no evidence of continuing personalized targeting of the Appellants, and no circumstances making relocation to Hyderabad objectively unreasonable, therefore both prongs of the IFA test were not displaced.

Citation
TC2-09579
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2022
Procedural Posture
Refugee Appeal / Decision (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Person in Need of Protection, Burden of Proof, Credibility Assessment, Sectarian Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Convention Refugee Determination Person in Need of Protection Burden of Proof +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Designated Representative

Minister (Immigration)

Respondent

Procedural Posture

Refugee Appeal / Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether there is a viable internal flight alternative (IFA) in Hyderabad, Pakistan
  2. 2 Whether Appellants face a serious possibility of persecution or risk of torture/cruel and unusual treatment if returned
  3. 3 Whether the RPD properly weighed objective country evidence and the Appellants' personal risk profile

Ratio Decidendi

The RAD dismissed the appeals because, on independent review, the Appellants failed to prove on a balance of probabilities that Hyderabad is not a viable internal flight alternative: objective evidence shows limited extremist presence in southern Sindh outside Karachi, no evidence of continuing personalized targeting of the Appellants, and no circumstances making relocation to Hyderabad objectively unreasonable, therefore both prongs of the IFA test were not displaced.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of Refugee Protection Division dated March 22, 2022 confirmed