TC1-02071

TC1-02071

The appeal is dismissed because on independent review the evidence does not establish on a balance of probabilities a forward‑looking risk of persecution, torture, death or cruel and unusual treatment if the appellants relinquish the disputed property; nexus need not be resolved once it is found that a reasonable alternative (relinquishing property) removes the risk; the new mental health report is admissible but does not create a central credibility issue that would alter the outcome.

Citation
TC1-02071
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 November 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Convention Refugee, Person in Need of Protection, Nexus to Grounds of Persecution, New Evidence Admissibility, Risk Assessment, Standard of Review, Reasonable Steps to Avoid Persecution, Mental Health Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Nexus to Grounds of Persecution New Evidence Admissibility Risk Assessment +3 more

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the new mental health report is admissible on appeal
  2. 2 Whether appellants established nexus to a Convention ground of persecution
  3. 3 Whether appellants face a forward‑looking risk of persecution, torture, death or cruel and unusual treatment on a balance of probabilities

Ratio Decidendi

The appeal is dismissed because on independent review the evidence does not establish on a balance of probabilities a forward‑looking risk of persecution, torture, death or cruel and unusual treatment if the appellants relinquish the disputed property; nexus need not be resolved once it is found that a reasonable alternative (relinquishing property) removes the risk; the new mental health report is admissible but does not create a central credibility issue that would alter the outcome.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed and the Refugee Protection Division decision of February 24, 2021 is confirmed: the appellants are neither Convention refugees nor persons in need of protection.