TB9-05305

TB9-05305

The appeal is dismissed because the principal alleged incidents of robbery were not established on the balance of probabilities due to central contradictions and omissions and lack of corroboration, the risk of crime is generalized and lacks nexus to a Convention ground (s.97 IRPA applies), and the documented discrimination does not cumulatively amount to persecution.

Citation
TB9-05305
Parties
Appellant — Principal: XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Appellant — Male: XXXX XXXX; Appellant — Minor: XXXX XXXX XXXX; Respondent — Minister: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Reasons for Decision)
Outcome
Appeal dismissed; RPD decision upheld
Legal Topics
Convention Refugee, Credibility Findings, Non State Crime, Ethnic Discrimination, Section 97 IRPA, Persecution, Corroboration
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Credibility Findings Non State Crime Ethnic Discrimination Section 97 IRPA +2 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Appellant — Principal

XXXX XXXX

Appellant — Male

XXXX XXXX XXXX

Appellant — Minor

Minister of Immigration

Respondent — Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Reasons for Decision)

Legal Issues

  1. 1 Whether the alleged robberies were established on the balance of probabilities
  2. 2 Whether the risk of crime is linked to a Convention ground (nexus)
  3. 3 Whether discrimination or harassment due to Chinese ethnicity rises to the level of persecution

Ratio Decidendi

The appeal is dismissed because the principal alleged incidents of robbery were not established on the balance of probabilities due to central contradictions and omissions and lack of corroboration, the risk of crime is generalized and lacks nexus to a Convention ground (s.97 IRPA applies), and the documented discrimination does not cumulatively amount to persecution.

Court Disposition

Appeal dismissed; RPD decision upheld