TB9-23837

TB9-23837

The RAD found no nexus to a Convention ground and, applying section 97 IRPA, concluded the appellants failed to prove on a balance of probabilities that they would face a real risk to life or cruel treatment on return to Ecuador; the RPD's adverse credibility findings, the appellants' failure to claim asylum in the US without a compelling explanation, and the absence of evidence that Ecuadorian authorities would be unable or unwilling to provide protection justified dismissing the appeal.

Citation
TB9-23837
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX); Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Refugee Appeal / Appeal Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated July 30, 2019 confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Credibility, Failure to Claim in First Safe Country
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection State Protection Credibility Failure to Claim in First Safe Country

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX XXXX)

Female Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the appellants face a section 97 risk on return to Ecuador
  2. 2 Whether state protection in Ecuador is available and adequate
  3. 3 Whether the appellants' failure to claim asylum in the United States undermines subjective fear

Ratio Decidendi

The RAD found no nexus to a Convention ground and, applying section 97 IRPA, concluded the appellants failed to prove on a balance of probabilities that they would face a real risk to life or cruel treatment on return to Ecuador; the RPD's adverse credibility findings, the appellants' failure to claim asylum in the US without a compelling explanation, and the absence of evidence that Ecuadorian authorities would be unable or unwilling to provide protection justified dismissing the appeal.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated July 30, 2019 confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division dated July 30, 2019 confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act