MB4-02379

MB4-02379

RAD confirmed RPD: appellants are not Convention refugees nor persons in need of protection because their mistreatment was local and appears motivated by bribery, they lack a profile that would attract national pursuit, no arrest warrants or charges exist, an internal flight alternative to Mumbai is available and reasonable, and the 'new' evidence on appeal was inadmissible under s110(4) IRPA.

Citation
MB4-02379
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 December 2014
Procedural Posture
Refugee Appeal Under IRPA / Decision of Refugee Appeal Division Reviewing RPD Decision (final Appellate Determination)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Internal Flight Alternative, Credibility, Admissibility of Evidence, Standard of Review, Delay in Claiming, Police Persecution, Corruption
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Admissibility of Evidence Standard of Review Delay in Claiming +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under IRPA / Decision of Refugee Appeal Division Reviewing RPD Decision (final Appellate Determination)

Legal Issues

  1. 1 Whether appellants are Convention refugees under section 96 of IRPA
  2. 2 Whether appellants are persons in need of protection under section 97(1) of IRPA
  3. 3 Whether an internal flight alternative (IFA) within India exists for the appellants

Ratio Decidendi

RAD confirmed RPD: appellants are not Convention refugees nor persons in need of protection because their mistreatment was local and appears motivated by bribery, they lack a profile that would attract national pursuit, no arrest warrants or charges exist, an internal flight alternative to Mumbai is available and reasonable, and the 'new' evidence on appeal was inadmissible under s110(4) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to section 111(1)(a) of IRPA