MB8-07129

MB8-07129

Even accepting that the RPD erred in failing to consider some documentary evidence of residence in Syria, the RAD independently finds the appellants did not prove they were specifically targeted prior to 2008 nor that they face a reasonable possibility of persecution today; mere Alawite identity without additional targeting is insufficient, therefore they are not Convention refugees nor persons in need of protection and the appeal is dismissed under para 111(1)(a) IRPA.

Citation
MB8-07129
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 October 2019
Procedural Posture
Refugee Protection Appeal / Appeal Decision (rad Reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Well Founded Fear, Prospective Risk, Country Conditions, Humanitarian and Compassionate Considerations
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Well Founded Fear Prospective Risk +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision (rad Reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in its overall credibility assessment and failure to consider all evidence
  2. 2 Whether the appellants established residence in Syria from 2008
  3. 3 Whether threats between 2005 and 2008 constituted targeted persecution of the appellants

Ratio Decidendi

Even accepting that the RPD erred in failing to consider some documentary evidence of residence in Syria, the RAD independently finds the appellants did not prove they were specifically targeted prior to 2008 nor that they face a reasonable possibility of persecution today; mere Alawite identity without additional targeting is insufficient, therefore they are not Convention refugees nor persons in need of protection and the appeal is dismissed under para 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act, the Refugee Appeal Division dismisses the appeal and confirms the RPD determination that the appellants are neither Convention refugees nor persons in need of protection.