TB8-13919

TB8-13919

The RAD dismissed the appeal because the determinative issue—the existence of a viable IFA—was correctly decided by the RPD: relocation to Mumbai is reasonable and viable as there is insufficient evidence that tenant registration or police databases would enable persecutors to locate the Appellant, she is not wanted by police nor shown to be on watch-lists, and her personal circumstances make relocation practicable; therefore she does not face a serious possibility of persecution or meet protection thresholds.

Citation
TB8-13919
Parties
Appellant: XXXX XXXX; Respondent (minister): Minister of Immigration, Refugees and Citizenship; Decision Maker (rad Member): Jillan Sadek
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 June 2019
Procedural Posture
Refugee Appeal / Decision by Refugee Appeal Division (rad) Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Honor Killing, Credibility Assessment, Standard of Review
Source Language
English
Immigration Refugee Law Human Rights Internal Flight Alternative Honor Killing Credibility Assessment Standard of Review

Case Brief

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Parties

XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship

Respondent (minister)

Jillan Sadek

Decision Maker (rad Member)

Procedural Posture

Refugee Appeal / Decision by Refugee Appeal Division (rad) Confirming RPD Decision

Legal Issues

  1. 1 Whether a viable internal flight alternative (IFA) in Mumbai exists for the Appellant
  2. 2 Whether the Appellant faces a serious possibility of persecution or honour killing if returned to India
  3. 3 Whether tenant registration or police databases would enable persecutors to locate the Appellant

Ratio Decidendi

The RAD dismissed the appeal because the determinative issue—the existence of a viable IFA—was correctly decided by the RPD: relocation to Mumbai is reasonable and viable as there is insufficient evidence that tenant registration or police databases would enable persecutors to locate the Appellant, she is not wanted by police nor shown to be on watch-lists, and her personal circumstances make relocation practicable; therefore she does not face a serious possibility of persecution or meet protection thresholds.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Appellant is neither a Convention refugee nor a person in need of protection pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.