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The Federal Court dismissed judicial review of a RAD decision finding a viable internal flight alternative in MĂ©rida, Mexico, for an applicant family targeted by CJNG.
The Federal Court dismissed judicial review of a RAD decision, holding that Jordan provided adequate state protection and that the applicant showed no tribal nexus.
The Federal Court dismissed an application for judicial review, upholding the RAD’s finding that the applicant had a viable internal flight alternative in Mumbai, India.
The Federal Court dismissed an application for judicial review of a refugee decision, upholding Article 1E exclusion based on Panamanian status and finding no certified question.
Contrôle judiciaire rejeté : la Cour fédérale conclut que l’exclusion à l’article 1E s’appliquait, que le risque au Brésil avait été raisonnablement évalué et qu’aucune erreur révisable n’était établie.
The Federal Court dismissed judicial review of a RAD decision upholding an internal flight alternative in Bengaluru for a refugee claimant from India.
The Federal Court dismissed judicial review, finding the RAD reasonably upheld an internal flight alternative in Biratnagar for a Nepalese refugee claimant.
The Federal Court dismissed a judicial review of a refugee refusal, finding the RAD reasonably concluded the applicants had a viable internal flight alternative in India.
The Panel accepted the principal claimant's credible, corroborated testimony and objective country documentation showing state agents commit arbitrary arrests, harsh detention and violence; the state is the agent of persecution and cannot protect the claimants, internal flight is not reasonable, and there is a nexus to political opinion for the principal claimant and to family membership for the others; therefore the claimants are Convention refugees and their claims are accepted.
Source excerpt
On the evidence and on a balance of probabilities the appellant failed to prove the absence of a viable IFA: Punjab police lack motivation and credible cause to pursue him nationally and likely did not register him in national databases; caste-based discrimination does not amount to persecution for this appellant; therefore Bengaluru and Mumbai are viable IFAs and the appellant is not a Convention refugee nor a person in need of protection.
Source excerpt
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