MB7-05455

MB7-05455

The RAD found no error in the RPD's adverse credibility findings and, independently, concluded on the balance of probabilities that relocation to Kolkata or Mumbai was a viable and reasonable internal flight alternative; accordingly the appellants failed to establish refugee or protection status and the appeal was...

Source-derived case information.

Citation
MB7-05455
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 June 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (reasons and Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed that the appellants are not refugees under s.96 nor persons in need of protection under s.97 of the Immigration and Refugee Protection Act.
Legal Topics
Credibility Assessment, Internal Flight Alternative, Burden of Proof, Probative Value of Evidence
Source Language
english
Immigration Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Burden of Proof Probative Value of Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (reasons and Dismissal)

Legal Issues

  1. 1 Whether the RPD erred in finding the appellants not credible
  2. 2 Whether an internal flight alternative (Kolkata or Mumbai) was viable and reasonable
  3. 3 Whether documentary and medical evidence had probative value given adverse credibility findings

Ratio Decidendi

The RAD found no error in the RPD's adverse credibility findings and, independently, concluded on the balance of probabilities that relocation to Kolkata or Mumbai was a viable and reasonable internal flight alternative; accordingly the appellants failed to establish refugee or protection status and the appeal was dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellants are not refugees under s.96 nor persons in need of protection under s.97 of the Immigration and Refugee Protection Act.

Orders

  • Appeal dismissed
  • Refugee Protection Division decision of April 12, 2017 confirmed