MC0-00640

MC0-00640

The appeals were dismissed because the appellants, as Argentine citizens, produced no evidence they had a legal right to enter Turkey or that Turkish authorities target non-Turkish Gulen supporters or their non-Turkish family members abroad; the RPD adequately considered their circumstances and they failed to establish an objective basis for a well-founded fear of persecution or need for protection.

Citation
MC0-00640
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Related Party (father and RPD Claimant): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 December 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Convention Refugee, Risk of Persecution, State Protection, Family Separation, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Risk of Persecution State Protection Family Separation Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Related Party (father and RPD Claimant)

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether non-Turkish citizens abroad face a real risk of persecution by Turkish authorities for Gulen affiliation
  2. 2 Whether the RPD erred by failing to analyze the appellants' circumstances specifically
  3. 3 Whether potential separation of the minor from her father constitutes persecution

Ratio Decidendi

The appeals were dismissed because the appellants, as Argentine citizens, produced no evidence they had a legal right to enter Turkey or that Turkish authorities target non-Turkish Gulen supporters or their non-Turkish family members abroad; the RPD adequately considered their circumstances and they failed to establish an objective basis for a well-founded fear of persecution or need for protection.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed