MB8-09245

The appeal is dismissed because the RPD's adverse credibility finding regarding the Appellant's asserted fear of local police was reasonable and, on the record and country documentation, the Appellant failed to prove on the balance of probabilities that Haryana police would disclose his whereabouts or that relocation to Mumbai or Delhi would be unduly harsh; therefore a viable IFA exists and no well-founded fear of persecution or risk of torture was established.

Citation: MB8-09245
Parties: Appellant: XXXX XXXX; Decision Maker: Me Julie Corry; Designated Representative: N/A; Counsel for Minister: N/A
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 14 February 2019
Procedural Posture: Refugee Appeal / Final Decision
Outcome: Appeal dismissed; RPD decision confirmed
Legal Topics: Internal Flight Alternative, Credibility, State Protection, Convention Refugee Determination
Source Language: English

Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility State Protection Convention Refugee Determination

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2

Parties

XXXX XXXX

Appellant

Me Julie Corry

Decision Maker

N/A

Designated Representative

N/A

Counsel for Minister

Procedural Posture

Refugee Appeal / Final Decision

Legal Issues

1 Whether the Appellant was credible about fear of police
2 Whether a viable internal flight alternative (IFA) existed in Mumbai or Delhi
3 Whether state protection was unavailable or ineffective

Ratio Decidendi

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

Appeal dismissed; Refugee Protection Division decision of March 29, 2018 confirmed