MB3-02077

MB3-02077

The RAD confirms the RPD decision because the RPD's adverse credibility and plausibility findings were supportable on the record and, alternatively, the RPD reasonably found a viable Internal Flight Alternative in Mumbai given the limited capacity and lack of interconnected police databases; therefore the appellant is neither a Convention refugee nor a person in need of protection.

Citation
MB3-02077
Parties
Appellant: XXXX XXXX; Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 September 2013
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Standard of Review, Comprehensibility of Decision, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Standard of Review Comprehensibility of Decision Burden of Proof

Case Brief

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Parties

XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Minister

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD decision was sufficiently comprehensible
  2. 2 Whether the RPD's credibility and plausibility findings were unreasonable
  3. 3 Whether the RPD erred in finding a viable Internal Flight Alternative (Mumbai)

Ratio Decidendi

The RAD confirms the RPD decision because the RPD's adverse credibility and plausibility findings were supportable on the record and, alternatively, the RPD reasonably found a viable Internal Flight Alternative in Mumbai given the limited capacity and lack of interconnected police databases; therefore the appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal rejected; confirmation that appellant is neither a Convention refugee nor a person in need of protection