VC2-08383

VC2-08383

The appeal is dismissed because the RPD reasonably found credibility deficiencies and, on the balance of probabilities, appellants failed to establish that the ex-husband or police are motivated and able to pursue them such that relocation to Delhi or Chandigarh would expose them to a serious possibility of persecution or risk of torture or death; both prongs of the IFA test were satisfied.

Citation
VC2-08383
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 February 2023
Procedural Posture
Refugee Appeal (rad) / Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, Internal Flight Alternative, Convention Refugee Status, Risk of Torture, Custody Disputes
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Credibility Internal Flight Alternative Convention Refugee Status Risk of Torture +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (rad) / Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether appellants' testimony was credible
  2. 2 Whether an internal flight alternative exists in Delhi or Chandigarh
  3. 3 Whether appellants face a serious possibility of persecution or risk of torture or death

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found credibility deficiencies and, on the balance of probabilities, appellants failed to establish that the ex-husband or police are motivated and able to pursue them such that relocation to Delhi or Chandigarh would expose them to a serious possibility of persecution or risk of torture or death; both prongs of the IFA test were satisfied.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and Refugee Protection Division determination confirmed; XXXX XXXX, XXXX XXXX and XXXX XXXX are neither Convention refugees nor persons in need of protection.