MB9-09770

MB9-09770

The RAD dismissed the appeal because, on independent review, the principal appellant failed to establish a serious possibility of gender-based persecution or, on the balance of probabilities, a risk to life/cruel or unusual treatment or torture in Mexico from gangs or cartels; the associate appellants failed to establish persecution or risk on return to the United States and alleged discrimination and potential separation do not meet the legal threshold for persecution or fall within RAD jurisdiction.

Citation
MB9-09770
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 October 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision of the Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated April 9, 2019 is confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Gender Based Persecution, Standard of Review, Family Unity, Best Interests of the Child, Country Risk Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Gender Based Persecution Standard of Review Family Unity +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision of the Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether the principal appellant faces a serious possibility of gender-based persecution in Mexico from cartels or gangs
  2. 2 Whether the associate appellants would face persecution or a risk to life/cruel treatment/torture in the United States on return
  3. 3 Whether alleged discrimination and potential separation amount to persecution or give rise to protection claim

Ratio Decidendi

The RAD dismissed the appeal because, on independent review, the principal appellant failed to establish a serious possibility of gender-based persecution or, on the balance of probabilities, a risk to life/cruel or unusual treatment or torture in Mexico from gangs or cartels; the associate appellants failed to establish persecution or risk on return to the United States and alleged discrimination and potential separation do not meet the legal threshold for persecution or fall within RAD jurisdiction.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated April 9, 2019 is confirmed

Orders

  • The appeal is dismissed.
  • The Refugee Appeal Division confirms the decision of the Refugee Protection Division dated April 9, 2019 that the appellants are neither Convention refugees nor persons in need of protection.