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Immigration law TC1-16628

TC1-16628

Court
Refugee Appeal Division

The RAD admitted the Indian acquittal as new evidence, found the FIR and bail order insufficient and not credible to establish 'serious reasons for considering' the Principal Appellant committed assault or other serious offences, concluded the Minister failed to meet the exclusion burden, and independently found the Principal Appellant faces a real risk of cruel and unusual treatment or indefinite detention due to outstanding warrants and systemic prison/judicial failings in India; the Associate Appellants have no reasonable internal flight alternative given their profile (family of a proclai…

Source excerpt

  • Admissibility of new evidence
  • Exclusion under article 1f(b) / s.98 irpa
  • Inclusion under s.96 and s.97 irpa
  • Internal flight alternative (ifa)
  • State protection
  • Credibility assessment
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Immigration VC1-03906

VC1-03906

Court
Refugee Appeal Division

Appeal dismissed because, on an independent assessment, the proposed IFA (XXXX) is both safe and reasonable on a balance of probabilities: the appellant failed to rebut the IFA due to inconsistent and uncorroborated evidence and did not establish that the alleged persecutor had the means or motivation to locate or harm him in the IFA or that state protection would be unavailable.

Source excerpt

  • Internal flight alternative (ifa)
  • Credibility and corroboration
  • State protection
  • Burden of proof
  • Reasonableness test
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Immigration law TB8-31965

TB8-31965

Court
Refugee Appeal Division

The RPD's finding that the Appellant has viable IFAs in Tecoman, Mexico City, Monterrey or Merida is upheld because the Appellant failed to prove on a balance of probabilities that relocation would be unsafe or unreasonable and failed to adduce admissible new evidence; therefore the appeal is dismissed.

Source excerpt

  • Internal flight alternative (ifa)
  • Credibility
  • New evidence
  • Oral hearing
  • Burden of proof
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Immigration TB8-03062

TB8-03062

Court
Refugee Protection Division

On the balance of probabilities the claimants failed to demonstrate that State protection in Colombia was unavailable or inadequate with respect to their circumstances and that no reasonable internal flight alternative existed; consequently they do not qualify as Convention refugees under s.96 nor as persons in need of protection under s.97 IRPA.

Source excerpt

  • Credibility
  • State protection
  • Internal flight alternative
  • Convention refugee
  • Person in need of protection
  • Safe third country
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Immigration and refugee law TB1-15958

TB1-15958

Court
Refugee Protection Division

The claimant's credibility was undermined by implausible coincidences, omissions and inconsistent documentary evidence and, on the balance of probabilities, a viable internal flight alternative exists in Lagos, Abuja or Ilorin; therefore the claimant and dependent female claimant are neither Convention refugees nor persons in need of protection under s.97(1).

Source excerpt

  • Credibility
  • Internal flight alternative
  • Particular social group
  • Family
  • Section 96
  • Section 97(1)
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Immigration TB0-06605

TB0-06605

Court
Refugee Protection Division

The panel found on the balance of probabilities that a reasonable and viable internal flight alternative existed in major Nigerian cities and that there was no serious possibility of persecution there; therefore the claimant did not meet the Convention refugee definition and was not a person in need of protection under sections 96 and 97(1) IRPA.

Source excerpt

  • Convention refugee definition
  • Internal flight alternative (ifa)
  • Credibility assessment
  • Religious conversion
  • Persecution risk
  • State protection assessment
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Immigration and refugee law MA9-08346

MA9-08346

Court
Refugee Protection Division

The Panel concluded that, on objective grounds, the claimant's mistreatment arose from a commercial dispute and the claimant could reasonably relocate to large Indian cities or work in other industries using his skills; his family remaining safely in India supported availability of an internal flight alternative; therefore he is not a Convention refugee nor a person in need of protection under ss.96 and 97(1) IRPA.

Source excerpt

  • Convention refugee
  • Person in need of protection
  • Internal flight alternative
  • Torture
  • Detention
  • Religion-based persecution
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Immigration and refugee law TA9-19652

TA9-19652

Court
Refugee Protection Division

The Tribunal found that the claimants failed to establish a serious possibility of persecution on a Convention ground and failed to prove risk to life, torture or cruel treatment; a viable internal flight alternative exists in Medellin and relocation is not unduly harsh; the audio recording is likely forged undermining credibility; generalized crime risk is excluded under s.97(1)(b)(ii); accordingly the claims are dismissed.

Source excerpt

  • Internal flight alternative
  • Generalized risk
  • Failure to seek protection in other countries
  • Extortion
  • Guerrilla warfare
  • Forgery and fabricated evidence
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Refugee law MA8-03274

MA8-03274

Court
Refugee Protection Division

The claimants failed to establish, on a balance of probabilities, that they would be persecuted for a Convention ground or that they would face risks under s.97(1) IRPA if returned because viable internal flight alternatives (Mexico City and Merida) existed and there was no credible, concrete evidence they would be traced or their lives jeopardized in those locations.

Source excerpt

  • Convention refugee
  • Person in need of protection
  • Internal flight alternative (ifa)
  • Credibility assessment
  • State database traceability
  • Reasonableness of relocation
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Immigration and refugee law VA8-02997

VA8-02997

Court
Refugee Protection Division

The claimant was found credible but the panel determined on the balance of probabilities that she could reasonably relocate to Veracruz or Guadalajara where statutory protections and victim services exist and would provide state protection from her abuser; therefore there is no serious possibility of persecution and she is neither a Convention refugee nor a person in need of protection.

Source excerpt

  • Convention refugee status
  • Person in need of protection
  • Internal flight alternative
  • Credibility assessment
  • Non-refoulement
  • Police corruption
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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.