VB9-07601

VB9-07601

The appeal is dismissed because the appellants failed to demonstrate that the agents of harm have both the means and motivation to locate them in Mumbai or Delhi and failed to show relocating to those cities would be objectively unreasonable; accordingly viable IFAs exist and the RPD decision stands.

Citation
VB9-07601
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 January 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Internal Flight Alternative, Convention Refugee Status, State Protection, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Status State Protection Standard of Review

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether internal flight alternatives (IFA) in Mumbai and Delhi are viable for the appellants
  2. 2 Whether appellants face a serious possibility of persecution or risk of torture/cruel treatment in the proposed IFAs
  3. 3 Whether it would be unreasonable or unduly harsh for appellants to relocate to the proposed IFAs

Ratio Decidendi

The appeal is dismissed because the appellants failed to demonstrate that the agents of harm have both the means and motivation to locate them in Mumbai or Delhi and failed to show relocating to those cities would be objectively unreasonable; accordingly viable IFAs exist and the RPD decision stands.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • RPD decision dated September 17, 2019 confirmed