TC1-07853

TC1-07853

Although the RPD erred by failing to respond to counsel's request to extend written submissions, the RAD remedied that breach by considering the appellants' written submissions and the record; on the merits the appellants failed to prove on a balance of probabilities that the SSP or other actors have the means and motivation to locate them in Hyderabad or that relocation would be objectively unreasonable, therefore Hyderabad is a viable internal flight alternative and the appeal is dismissed.

Citation
TC1-07853
Parties
Appellant: Principal Appellant (name redacted); Appellant: Associate Appellant (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 December 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative, Procedural Fairness, Religious Persecution, Mixed Marriage, Credibility and Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Internal Flight Alternative Procedural Fairness Religious Persecution Mixed Marriage +1 more

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Parties

Principal Appellant (name redacted)

Appellant

Associate Appellant (name redacted)

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by arbitrarily limiting and then ignoring counsel's written submissions
  2. 2 Whether the proposed internal flight alternative (Hyderabad) is viable
  3. 3 Whether agents of persecution (SSP) have the means and motivation to locate the appellants in Hyderabad

Ratio Decidendi

Although the RPD erred by failing to respond to counsel's request to extend written submissions, the RAD remedied that breach by considering the appellants' written submissions and the record; on the merits the appellants failed to prove on a balance of probabilities that the SSP or other actors have the means and motivation to locate them in Hyderabad or that relocation would be objectively unreasonable, therefore Hyderabad is a viable internal flight alternative and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • The appeal is dismissed and the RPD decision is confirmed; appellants are neither Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act