MB9-07949

MB9-07949

The RAD confirms the RPD: appellants are neither Convention refugees nor persons in need of protection because the denial of entry to the UAE is due to lack of employment/sponsorship and is a law of general application not connected to a Convention ground, there was no evidence of past persecution in the UAE, and no established risk of torture, death or cruel and unusual treatment upon return.

Citation
MB9-07949
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Associate Appellant: IbtXXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, Non‑refoulement, Standard of Review
Source Language
English
Immigration Law Refugee Law Statelessness Administrative Law Convention Refugee Person in Need of Protection Persecution Non‑refoulement +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Principal Appellant

IbtXXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether appellants are Convention refugees under the Immigration and Refugee Protection Act (IRPA)
  2. 2 Whether appellants are persons in need of protection
  3. 3 Whether denial of entry to the UAE constitutes persecution on a Convention ground

Ratio Decidendi

The RAD confirms the RPD: appellants are neither Convention refugees nor persons in need of protection because the denial of entry to the UAE is due to lack of employment/sponsorship and is a law of general application not connected to a Convention ground, there was no evidence of past persecution in the UAE, and no established risk of torture, death or cruel and unusual treatment upon return.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that appellants are neither Convention refugees nor persons in need of protection