MC1-11327

MC1-11327

The appeal is dismissed because the RPD correctly found no prospective risk: the associate appellants are U.S. citizens who did not fear return to the United States and thus cannot establish risk in their country of nationality; the principal appellant failed to show a personalized risk in Guatemala distinct from generalized criminality; family reunification and unsupported trauma claims do not meet the threshold for refugee or protection status.

Citation
MC1-11327
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 May 2022
Procedural Posture
Refugee Protection Appeal / Appeal Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Prospective Risk, Family Reunification, Trauma Evidence, Jurisdiction Under IRPA S.110(2)(d)
Source Language
English
Immigration Refugee Law Human Trafficking Criminal Law Convention Refugee Person in Need of Protection Prospective Risk Family Reunification +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the appellants face a prospective risk of persecution or serious harm
  2. 2 Whether associate appellants must show fear in their country of nationality (United States)
  3. 3 Whether the principal appellant has a personalized risk distinct from generalized risk in Guatemala

Ratio Decidendi

The appeal is dismissed because the RPD correctly found no prospective risk: the associate appellants are U.S. citizens who did not fear return to the United States and thus cannot establish risk in their country of nationality; the principal appellant failed to show a personalized risk in Guatemala distinct from generalized criminality; family reunification and unsupported trauma claims do not meet the threshold for refugee or protection status.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD's determination that appellants are neither Convention refugees nor persons in need of protection is confirmed