HARI CHAPAGAIN Applicant v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION, 2023 FC 949

Date: 20230713 Docket: IMM-6138-22 Citation: 2023 FC 949 Ottawa, Ontario, July 13, 2023 PRESENT: The Honourable Madam Justice Heneghan BETWEEN:HARI CHAPAGAINApplicantandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent REASONS AND JUDGMENT [1]Mr. Hari Chapagain (the “Applicant”) seeks judicial review of the decision of the Immigration and Refugee Board, RefugeeProtection Division (the “RPD”), dismissing his application for protection, pursuant to

section 96 and subsection 97(1) of theImmigration and Refugee Protection Act, S.C. 2001, c. 27. [2]The Applicant is a citizen of Nepal. He went to the United States of America in 2007, to study. He remained in that countryuntil 2021, without seeking protection.

In 2021, he entered Canada and claimed protection. [3]The RPD made negative credibility findings but in any event, found that an Internal Flight Alternative (“IFA”) was available tothe Applicant in Dhankuta and Biratnagar. [4]The Applicant now argues that the credibility and IFA findings are unreasonable. [5]The Minister of Citizenship and Immigration (the “Respondent”) submits that the decision is reasonable. [6]Following the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v.

Vavilov, 2019SCC 65 , [2019] 4 S.C.R. 653, the decision is reviewable on the standard of reasonableness. [7]In considering reasonableness, the Court is to ask if the decision under review ""bears the hallmarks of reasonableness —justification, transparency and intelligibility — and whether it is justified in relation to the relevant factual and legal constraintsthat bear on the decision""; see Vavilov, supra at paragraph 99. [8]I see no reviewable error in the manner in which the RPD assessed credibility. [9]The test for a viable IFA is addressed in Rasaratnam v.

Canada (Minister of Employment and Immigration), (FCA), [1992] 1 F.C. 706 at 710-711 (F.C.A.). The test is two-part and provides as follows: First, the Board must be satisfied that there is no serious possibility of a claimant being persecuted in the IFA. Second, it must be objectively reasonable to expect a claimant to seek safety in a different part of the country before seekingprotection in Canada. [10]In order to show that an IFA is unreasonable, an applicant must show that conditions in the proposed IFA would jeopardizetheir life and safety in travelling or relocating to that IFA; see Thirunavukkarasu v.

Canada (Minister of Employment andImmigration), (FCA), [1994] 1 F.C. 589 at 596-598 (F.C.A.). [11]In light of the materials contained in the Certified Tribunal Record and the submissions of the parties, I am satisfied that theRPD reasonably concluded that an IFA is available to the Applicant, in both Dhankuta and Biratnagar. [12]I am satisfied that the RPD reasonably concluded that the Applicant was not exposed to a "“serious possibility”" of persecutionin the proposed IFA locations. [13]Since the Applicant has failed to show an error in the RPD’s treatment of the first part of the IFA test, it is not necessary forme to consider any arguments about the second part of that test. [14]There is no basis for judicial intervention and the application for judicial review will be dismissed.

There is no question forcertification. JUDGMENT in IMM-6138-22 THIS COURT’S JUDGMENT is that the application for judicial review is dismissed. There is no question for certification. “E. Heneghan”

Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-6138-22 STYLE OF CAUSE: HARI CHAPAGAIN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: HELD BY WAY OF VIDEOCONFERENCE DATE OF HEARING: JULY 12, 2023 REASONS AND JUDGMENT: HENEGHAN J. DATED: JULY 13, 2023 APPEARANCES : Keshab Prasad Dahal FOR THE APPLICANT Simarroop Dhillon FOR THE RESPONDENT SOLICITORS OF RECORD : Dahal Law Professional Corporation Etobicoke, Ontario FOR THE APPLICANT Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT