TC2-12994

TC2-12994

The appeal is dismissed because on balance of probabilities the objective evidence does not establish SLA involvement with the Aava or state collusion, the Aava lack demonstrated means or motivation to locate the appellant in Colombo, Colombo provides access to housing, services and safety such that relocation is not unreasonable, and the appellant's residual profile does not place him at risk of persecution or torture under ss.96‑97 IRPA.

Citation
TC2-12994
Parties
Appellant: XXXX XXXX; Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2022
Procedural Posture
Refugee Protection Appeal / Appeal Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility, Residual Profile, New Evidence Admissibility, Convention Refugee Determination, IRPA S.96 and S.97
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Residual Profile New Evidence Admissibility Convention Refugee Determination +1 more

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Parties

XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship

Minister

Procedural Posture

Refugee Protection Appeal / Appeal Decision

Legal Issues

  1. 1 Whether a viable internal flight alternative (Colombo) exists
  2. 2 Whether the Sri Lanka Army (SLA) is an agent of persecution and whether that undermines IFA
  3. 3 Whether the appellant's residual profile creates a forward‑facing risk

Ratio Decidendi

The appeal is dismissed because on balance of probabilities the objective evidence does not establish SLA involvement with the Aava or state collusion, the Aava lack demonstrated means or motivation to locate the appellant in Colombo, Colombo provides access to housing, services and safety such that relocation is not unreasonable, and the appellant's residual profile does not place him at risk of persecution or torture under ss.96‑97 IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed