TC2-27867

TC2-27867

The RAD dismisses the appeal because the RPD reasonably and correctly found the objective evidence does not establish a well-founded fear of persecution: the Principal Appellant's described religious profile and activities do not, on a balance of probabilities, place her or her common-law spouse at serious risk of persecution in Vietnam, and the Associate Appellant did not demonstrate a credible subjective fear.

Citation
TC2-27867
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 January 2023
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Decision on Appeal (final)
Outcome
Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Well Founded Fear of Persecution, Country Conditions Assessment, Freedom of Religion, Hoa Hao Buddhism, Credibility Assessment, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Religious Freedom Convention Refugee Person in Need of Protection Well Founded Fear of Persecution +5 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Decision on Appeal (final)

Legal Issues

  1. 1 Whether the Principal Appellant has a well-founded fear of persecution on account of practising Hoa Hao Buddhism
  2. 2 Whether objective country evidence supports a real risk of persecution for the appellants' profile
  3. 3 Whether the Associate Appellant established a credible subjective fear as a family member

Ratio Decidendi

The RAD dismisses the appeal because the RPD reasonably and correctly found the objective evidence does not establish a well-founded fear of persecution: the Principal Appellant's described religious profile and activities do not, on a balance of probabilities, place her or her common-law spouse at serious risk of persecution in Vietnam, and the Associate Appellant did not demonstrate a credible subjective fear.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed; Refugee Protection Division decision confirmed.