MB9-07914

MB9-07914

The RPD correctly found, based on the record and documentary evidence, that the appellants failed to establish a serious possibility of persecution in Mumbai or New Delhi and that it would be reasonable for them to settle there; there was no breach of procedural fairness, so the appeal is dismissed.

Citation
MB9-07914
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 March 2020
Procedural Posture
Refugee Appeal / Decision
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Internal Flight Alternative, State Protection, Procedural Fairness, Natural Justice, Interpretation of IRPA Ss.96 97
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection Procedural Fairness Natural Justice Interpretation of IRPA Ss.96 97

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX

Associate Appellant (minor)

Minister

Respondent

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal / Decision

Legal Issues

  1. 1 Whether the RPD breached principles of natural justice by failing to consider or attribute weight to evidence
  2. 2 Whether the RPD erred in finding an internal flight alternative in Mumbai and New Delhi
  3. 3 Whether the RPD failed to assess state protection and whether sections 96 and 97 of the IRPA were restrictively interpreted

Ratio Decidendi

The RPD correctly found, based on the record and documentary evidence, that the appellants failed to establish a serious possibility of persecution in Mumbai or New Delhi and that it would be reasonable for them to settle there; there was no breach of procedural fairness, so the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and RPD determination confirmed