MB8-08283

MB8-08283

The appeal is dismissed because the RPD reasonably found the appellant did not credibly establish membership in a lowest caste group exposed to a serious possibility of persecution, and reasonably concluded that Bangalore and Mumbai constitute safe and reasonable internal flight alternatives in the appellant's...

Source-derived case information.

Citation
MB8-08283
Parties
Appellant: XXXX XXXX; Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2020
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (disposition)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Caste Discrimination, Credibility, Internal Flight Alternative, Persecution, Relief Eligibility, Identity/false Documents
Source Language
english
Immigration Law Refugee Law Human Rights Law Caste Discrimination Credibility Internal Flight Alternative Persecution Relief Eligibility +1 more

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Parties

XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Minister

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (disposition)

Legal Issues

  1. 1 Whether the appellant credibly established membership in a lowest caste group subject to persecution
  2. 2 Whether discrimination alleged rises to the level of persecution
  3. 3 Whether an internal flight alternative (Bangalore or Mumbai) is safe and reasonable for the appellant

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found the appellant did not credibly establish membership in a lowest caste group exposed to a serious possibility of persecution, and reasonably concluded that Bangalore and Mumbai constitute safe and reasonable internal flight alternatives in the appellant's circumstances, so he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and Refugee Protection Division decision of February 26, 2018 confirmed
  • Appellant may relocate to Bangalore or Mumbai; those locations are determined to be safe and reasonable internal flight alternatives