TC2-21735

TC2-21735

The new evidence was admissible, credible and relevant and demonstrates ongoing motivation by police and agents acting for Mr. M to locate and harm the Appellant and his family; because the state is the agent of persecution and the Appellant has been and remains targeted, an internal flight alternative to Kolkata is not viable and the Appellant is a Convention refugee.

Citation
TC2-21735
Parties
Appellant / Personne En Cause: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2025
Procedural Posture
Refugee Appeal / Appeal Decision (substitution)
Outcome
Appeal allowed; substituted decision that the Appellant is a Convention refugee.
Legal Topics
Internal Flight Alternative, Convention Refugee Status, New Evidence Admissibility, State Persecution, Country Conditions (india)
Source Language
English
Immigration Refugee Protection Administrative Law Internal Flight Alternative Convention Refugee Status New Evidence Admissibility State Persecution Country Conditions (india)

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Personne En Cause

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal / Appeal Decision (substitution)

Legal Issues

  1. 1 Whether new evidence on appeal is admissible and should be considered
  2. 2 Whether the Appellant faces a real risk of persecution by state agents
  3. 3 Whether an internal flight alternative to Kolkata is reasonable and viable

Ratio Decidendi

The new evidence was admissible, credible and relevant and demonstrates ongoing motivation by police and agents acting for Mr. M to locate and harm the Appellant and his family; because the state is the agent of persecution and the Appellant has been and remains targeted, an internal flight alternative to Kolkata is not viable and the Appellant is a Convention refugee.

Court Disposition

Appeal allowed; substituted decision that the Appellant is a Convention refugee.

Orders

  • Substitute decision that the Appellant is a Convention refugee
  • New evidence admitted and considered