MC0-08548

MC0-08548

The RPD's decision was confirmed because the appellants failed to establish on a balance of probabilities a nexus between the violence and the Principal Appellant's alleged refusal to vote for the PHTK or any Convention ground, and therefore failed to show they are Convention refugees or persons in need of protection; the Principal Appellant was not excluded under Article 1E.

Citation
MC0-08548
Parties
Principal Appellant: XXXX XXXX; Spouse: XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 June 2021
Procedural Posture
Refugee Appeal / Final Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Exclusion Under Article 1 E, Standard of Proof, Country Conditions, Credibility and Probative Value
Source Language
English
Immigration Refugee Law International Protection Convention Refugee Person in Need of Protection Exclusion Under Article 1 E Standard of Proof Country Conditions +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse

XXXX XXXX XXXX XXXX

Associate Appellant (minor)

Procedural Posture

Refugee Appeal / Final Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants meet definition of Convention refugee
  2. 2 Whether appellants are persons in need of protection under section 96 or 97 of IRPA
  3. 3 Whether Principal Appellant is excluded under Article 1E of the Refugee Convention

Ratio Decidendi

The RPD's decision was confirmed because the appellants failed to establish on a balance of probabilities a nexus between the violence and the Principal Appellant's alleged refusal to vote for the PHTK or any Convention ground, and therefore failed to show they are Convention refugees or persons in need of protection; the Principal Appellant was not excluded under Article 1E.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed