Aman Sandhu

The applicants, members of the Dalit caste from India, applied for judicial review of a Refugee Appeal Division (RAD) decision dismissing their appeal.

The RAD had upheld the Refugee Protection Division's finding that the applicants had a viable internal flight alternative in Mumbai and that their treatment did not amount to persecution.

The applicants also alleged interpretation errors breached natural justice.

The Federal Court found the RAD's conclusions on the interpretation issue and the internal flight alternative reasonable.

The application for judicial review was dismissed.

The applicants, citizens of India, sought judicial review of a Refugee Appeal Division (RAD) decision that set aside a Refugee Protection Division (RPD) finding they were Convention refugees.

The RAD admitted new evidence from the Minister that undermined the principal applicant's credibility and substituted its own decision rejecting the claim.

The Federal Court held that the RAD unreasonably failed to address whether it was required to hold an oral hearing under subsection 110(6) of the Immigration and Refugee Protection Act, despite the Minister's request for one and the significant credibility issues raised by the new evidence.

The application for judicial review was allowed and the matter remitted for redetermination.