MB8-11344
The appellants failed to prove a serious possibility of persecution in the proposed internal flight alternatives (Delhi, Mumbai, Bangalore) and failed to show relocation would be unduly harsh; given inconsistent use of tenant verification and limited interstate police cooperation for non-major crimes, the RPD correctly found an IFA and his decision is confirmed; appeal dismissed.
- Citation
- MB8-11344
- Parties
- Appellant: XXXX XXXX
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 24 July 2019
- Procedural Posture
- Refugee Appeal Division Appeal From Refugee Protection Division Decision / Decision on Appeal (reasons and Decision)
- Outcome
- Appeal dismissed; RPD decision confirmed
- Legal Topics
- Internal Flight Alternative (ifa), State Protection, Honour Crimes, Tenant Verification, Credibility of Evidence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX
Appellant
Procedural Posture
Refugee Appeal Division Appeal From Refugee Protection Division Decision / Decision on Appeal (reasons and Decision)
Legal Issues
- 1 Whether a viable Internal Flight Alternative existed for the appellants in Delhi, Mumbai or Bangalore
- 2 Whether the tenant verification system or police communication would disclose appellants' location to Punjab police and expose them to risk
- 3 Whether relocation would be unduly harsh or objectively unreasonable
Ratio Decidendi
The appellants failed to prove a serious possibility of persecution in the proposed internal flight alternatives (Delhi, Mumbai, Bangalore) and failed to show relocation would be unduly harsh; given inconsistent use of tenant verification and limited interstate police cooperation for non-major crimes, the RPD correctly found an IFA and his decision is confirmed; appeal dismissed.
Court Disposition
Appeal dismissed; RPD decision confirmed
Orders
- Appeal dismissed
- Refugee Protection Division decision of March 14, 2018 confirmed
Full Case Text
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