VC2-03551

VC2-03551

The RAD dismissed the appeal because the appellants failed to rebut that Karachi is a viable internal flight alternative: the threats were tied to the land dispute which would cease to motivate harm if the appellants abandoned the claim, there is no persuasive objective evidence that the alleged land mafia or police...

Source-derived case information.

Citation
VC2-03551
Parties
Appellant: Principal Appellant; Appellants: Associate Appellants; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 September 2022
Procedural Posture
Refugee Appeal / Decision on Appeal (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Forward Looking Risk, Admissibility of New Evidence, Credibility and Plausibility Findings, Land Dispute and Alleged Land Mafia
Source Language
english
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Forward Looking Risk Admissibility of New Evidence Credibility and Plausibility Findings Land Dispute and Alleged Land Mafia

Source-derived case record

Summary, issues, holding and outcome

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Parties

Principal Appellant

Appellant

Associate Appellants

Appellants

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether the RPD erred in its forward-looking risk analysis by failing to address the alleged revenge scenario
  2. 2 Whether new evidence should be admitted under s.110(4) IRPA and whether that evidence is credible and relevant
  3. 3 Whether a viable internal flight alternative (Karachi) exists for the appellants

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to rebut that Karachi is a viable internal flight alternative: the threats were tied to the land dispute which would cease to motivate harm if the appellants abandoned the claim, there is no persuasive objective evidence that the alleged land mafia or police would have the motive or means to pursue them to Karachi, and the new evidence relied on by appellants was either not admissible under s.110(4) IRPA or not credible; accordingly the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division dated April 1, 2022 is confirmed; appellants are neither Convention refugees nor persons in need of protection