TB9-17710

TB9-17710

The RPD erred in concluding that viable internal flight alternatives existed because the appellants face a serious possibility of persecution by VHP members throughout India due to their interfaith marriage and Muslim identity, and they cannot obtain adequate state protection; therefore the appellants meet the definition of Convention refugees and the RAD allows the appeal and substitutes its own determination.

Citation
TB9-17710
Parties
Appellant: Mr. XXXX; Appellant: Mrs. XXXX; Appellant: XXXX (minor)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 November 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) / Decision on Appeal (substitution of RPD Determination)
Outcome
Appeal allowed; RPD decision set aside and substituted — appellants found to be Convention refugees
Legal Topics
Internal Flight Alternative, State Protection, Convention Refugee Status, Persecution for Religion, Interfaith Marriage, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Law Internal Flight Alternative State Protection Convention Refugee Status Persecution for Religion Interfaith Marriage +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Mr. XXXX

Appellant

Mrs. XXXX

Appellant

XXXX (minor)

Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) / Decision on Appeal (substitution of RPD Determination)

Legal Issues

  1. 1 Whether appellants are Convention refugees
  2. 2 Whether a viable internal flight alternative (IFA) existed in Mumbai, Hyderabad, Bangalore or Kolkata or elsewhere in India
  3. 3 Whether state protection in India is adequate

Ratio Decidendi

The RPD erred in concluding that viable internal flight alternatives existed because the appellants face a serious possibility of persecution by VHP members throughout India due to their interfaith marriage and Muslim identity, and they cannot obtain adequate state protection; therefore the appellants meet the definition of Convention refugees and the RAD allows the appeal and substitutes its own determination.

Court Disposition

Appeal allowed; RPD decision set aside and substituted — appellants found to be Convention refugees

Orders

  • Allow the appeal and substitute the determination that the appellants are Convention refugees pursuant to IRPA ss.96 and 111(1)(b)
  • Set aside the Refugee Protection Division decision dated June 14, 2019