MB6-00542

MB6-00542

RAD allowed the appeal and set aside the RPD's rejection because, although the appellants' past persecution was credible, the RPD failed to adequately analyze the reasonableness of the internal flight alternative in Delhi or Mumbai by neglecting to consider significant evidence about the appellants' particular circumstances (notably the female appellant's psychological state and social ostracism and the male appellant's PTSD); the matter is referred to a differently constituted RPD panel limited to IFA re-determination because RAD could not substitute the decision without a hearing on that issue.

Citation
MB6-00542
Parties
Appellant (designated Representative): XXXX XXXX; Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 December 2016
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Appeal Allowed; Matter Referred to Refugee Protection Division for Re Determination on Internal Flight Alternative
Outcome
Appeal allowed; RPD decision set aside; matter referred to a differently constituted RPD panel for re-determination limited to the reasonableness of an internal flight alternative in Delhi or Mumbai
Legal Topics
Internal Flight Alternative, Credibility Assessment, Admissibility of New Evidence, Best Interests of the Child, State Protection, Gender Based Persecution, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Internal Flight Alternative Credibility Assessment Admissibility of New Evidence Best Interests of the Child +3 more

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Parties

XXXX XXXX

Appellant (designated Representative)

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Appeal Allowed; Matter Referred to Refugee Protection Division for Re Determination on Internal Flight Alternative

Legal Issues

  1. 1 Whether RPD erred in assessing credibility and giving undue weight to omission in BOC Form
  2. 2 Whether there is a reasonable internal flight alternative (IFA) in Delhi or Mumbai
  3. 3 Whether RPD failed to consider state protection

Ratio Decidendi

RAD allowed the appeal and set aside the RPD's rejection because, although the appellants' past persecution was credible, the RPD failed to adequately analyze the reasonableness of the internal flight alternative in Delhi or Mumbai by neglecting to consider significant evidence about the appellants' particular circumstances (notably the female appellant's psychological state and social ostracism and the male appellant's PTSD); the matter is referred to a differently constituted RPD panel limited to IFA re-determination because RAD could not substitute the decision without a hearing on that issue.

Court Disposition

Appeal allowed; RPD decision set aside; matter referred to a differently constituted RPD panel for re-determination limited to the reasonableness of an internal flight alternative in Delhi or Mumbai

Orders

  • Appeal allowed
  • Set aside the Refugee Protection Division decision of December 17, 2015