TC2-21127

TC2-21127

The appeal is dismissed because the appellants failed to prove they face a serious possibility of persecution or likelihood of harm in Kolkata and failed to show relocation to Kolkata would be objectively unreasonable; absence of FIRs or database entries, limits of tenant verification/CCTNS/Aadhaar access, lack of evidence of exploitable political connections and manageable language/employment/religion factors establish a viable IFA.

Citation
TC2-21127
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (spouse): XXXX XXXX; Associate Appellant (adult Daughter): XXXX; Associate Appellant (minor Son): XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 October 2022
Procedural Posture
Refugee Appeal (rpd Decision Reviewed by Rad) / Reasons and Decision (appeal Dismissed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Convention Refugee Determination, Police Corruption and Extrajudicial Detention, Family Tracing and Databases
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Convention Refugee Determination Police Corruption and Extrajudicial Detention Family Tracing and Databases

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (spouse)

XXXX

Associate Appellant (adult Daughter)

XXXX XXXX

Associate Appellant (minor Son)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (rpd Decision Reviewed by Rad) / Reasons and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether appellants face a serious possibility of persecution or likelihood of harm in proposed IFA (Kolkata)
  2. 2 Whether appellants would be traceable via police databases, tenant verification, Aadhaar or family members
  3. 3 Whether relocation to Kolkata would be objectively unreasonable given language, employment and religion factors

Ratio Decidendi

The appeal is dismissed because the appellants failed to prove they face a serious possibility of persecution or likelihood of harm in Kolkata and failed to show relocation to Kolkata would be objectively unreasonable; absence of FIRs or database entries, limits of tenant verification/CCTNS/Aadhaar access, lack of evidence of exploitable political connections and manageable language/employment/religion factors establish a viable IFA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed