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Immigration law 2023 RLLR 44

2023 RLLR 44

Court
Royal Canadian Mounted Police Labour Relations

The claimants were found credible, established nexus to a Convention ground (membership of a particular social group), demonstrated an objective and well‑founded fear of persecution by the CJNG, rebutted the presumption of state protection with clear and convincing evidence, and showed no viable internal flight alternative in Mexico; therefore they are Convention refugees.

Source excerpt

  • Convention refugee
  • Persecution
  • State protection
  • Internal flight alternative
  • Particular social group
  • Gender-based persecution
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Immigration law TC2-24188

TC2-24188

Court
Refugee Appeal Division

The appeal is dismissed because the Appellant failed to prove, on a balance of probabilities, that a viable internal flight alternative in Karachi did not exist; the RPD's adverse credibility findings regarding last-minute filings (brother's affidavit and FIR) were justified and fatal to the claim, and objective country evidence demonstrates Karachi offers anonymity and decreasing sectarian violence such that relocation would not be objectively unreasonable.

Source excerpt

  • Internal flight alternative
  • Credibility and late disclosure
  • Convention refugee determination
  • Risk from non-state actors
  • Evidence admission
  • Blasphemy allegations
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Refugee law TC2-15619

TC2-15619

Court
Refugee Appeal Division

The appeal is dismissed because, on a balance of probabilities, the RPD correctly concluded the appellant has a viable internal flight alternative in Santa Marta or Sincelejo; the appellant failed to prove the persecuting criminal organization had continuing motivation or sufficient means to locate him and the RPD's assessment of the second prong (reasonableness) was supported by evidence and not speculative.

Source excerpt

  • Internal flight alternative
  • Exclusion under article 1f(b)
  • Credibility
  • Burden of proof
  • Procedural fairness
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Immigration TC2-02044

TC2-02044

Court
Refugee Appeal Division

Appeal dismissed because appellant failed to establish on the balance of probabilities that the agents of harm were affiliated with Los Zetas or had the means and motivation to locate and harm him in Cabo San Lucas, and he failed to meet the high burden to show the IFA was unreasonable; RPD's finding of a viable IFA is correct and RPD decision confirmed.

Source excerpt

  • Convention refugee definition
  • Section 97(1) protection
  • Internal flight alternative (ifa)
  • Credibility and inferences
  • State protection
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Refugee law TC1-13599

TC1-13599

Court
Refugee Appeal Division

The RPD's adverse credibility findings were justified on the balance of probabilities due to clear inconsistencies between the sworn BOC and the father's letter, evolving and uncorroborated testimony about how and when events were learned, failure to provide objective evidence of the alleged persecutor's political influence, and unreliable documentary evidence; accordingly the Appellant failed to prove a risk of persecution or need for protection and the appeal is dismissed.

Source excerpt

  • Credibility findings
  • Forced marriage
  • Persecution
  • Country conditions
  • Documentary evidence reliability
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Immigration TC1-01084

TC1-01084

Court
Refugee Appeal Division

The appeal is dismissed because the tribunal found the supervisor's email and subsequent sworn statement to be fabricated or unreliable, the Appellant's testimony lacked credibility and corroboration, and there was no evidence that Ugandan authorities had sought the Appellant or would have become aware of his limited political activity; therefore no well‑founded fear of persecution on political grounds was established.

Source excerpt

  • Credibility assessment
  • Political opinion persecution
  • Corroboration of evidence
  • State investigation of claim
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Immigration law MC0-05402

MC0-05402

Court
Refugee Appeal Division

The RAD dismissed the appeal and confirmed the RPD because, while it accepted past persecution, the appellant failed to demonstrate a real risk of persecution or serious harm in Rawalpindi and relocation there was reasonable given anonymity in a large city, family ties, language and entrepreneurial skills; the admitted new evidence did not alter that conclusion.

Source excerpt

  • Internal flight alternative
  • Credibility assessment
  • Risk assessment
  • Admissibility of new evidence
  • Standard of review
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Immigration law TC0-04821

TC0-04821

Court
Refugee Appeal Division

The RPD mischaracterized the evidence regarding gang affiliation; on the balance of probabilities Los Tercereños are affiliated with MS13, MS13 has the structure, reach and motive to locate the appellant in Tegucigalpa and across Honduras, therefore no viable IFA exists and the appellant is a person in need of protection.

Source excerpt

  • Internal flight alternative
  • Gang violence
  • Country conditions
  • Credibility
  • Protection claim
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Immigration TC0-03195

TC0-03195

Court
Refugee Appeal Division

Although the RAD found the RPD erred in failing to recognize nexus to a Convention ground and in misapplying the requirement of past persecution for forward‑looking risk, the Appellant nevertheless failed to rebut the presumption of adequate state protection in the Bahamas on a balance of probabilities; therefore the RAD dismissed the appeal and confirmed the RPD decision that the Appellant is neither a Convention refugee nor a person in need of protection.

Source excerpt

  • Nexus to convention ground
  • State protection
  • Forward-looking risk
  • Domestic and gender-based violence
  • Admissibility of new evidence
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Immigration and refugee law MC0-01556

MC0-01556

Court
Refugee Appeal Division

The appeal is dismissed because the RPD's adverse credibility findings are justified by central and material inconsistencies and omissions regarding key events and documents, the appellant's delay in leaving Mexico was unexplained, the documentary evidence lacked probative value, and therefore the appellants failed to establish a serious possibility of persecution under sections 96 and 97 IRPA.

Source excerpt

  • Credibility
  • Benefit of the doubt
  • Documentary evidence
  • Delay in departure
  • Prospective risk under irpa
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.