VB7-00586

VB7-00586

The RAD confirmed the RPD because the appellants failed to establish, on objective country evidence, serious grounds for a well-founded fear of persecution tied to a Convention ground or that the state would be unable or unwilling to protect them; the risks claimed are generalized and country reports do not show that returnee status would subject them to persecution.

Citation
VB7-00586
Parties
Principal Appellant: XXXX XXXX XXXX; Associated Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2018
Procedural Posture
Refugee Appeal / RAD Decision
Outcome
Appeal dismissed; RPD determination confirmed under section 111(1)(a) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Determination, Well Founded Fear of Persecution, Country Conditions, Returnees, Generalized Risk Vs. Individualized Risk, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Determination Well Founded Fear of Persecution Country Conditions Returnees Generalized Risk Vs. Individualized Risk +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associated Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / RAD Decision

Legal Issues

  1. 1 Whether the RPD erred in finding appellants are not Convention refugees
  2. 2 Whether risk feared by appellants amounts to persecution
  3. 3 Whether appellants established nexus to a Convention ground (particular social group/ethnicity/returnee status)

Ratio Decidendi

The RAD confirmed the RPD because the appellants failed to establish, on objective country evidence, serious grounds for a well-founded fear of persecution tied to a Convention ground or that the state would be unable or unwilling to protect them; the risks claimed are generalized and country reports do not show that returnee status would subject them to persecution.

Court Disposition

Appeal dismissed; RPD determination confirmed under section 111(1)(a) of the Immigration and Refugee Protection Act.

Orders

  • The determination of the Refugee Protection Division is confirmed: the appellants are neither Convention refugees pursuant to section 96 of the IRPA nor persons in need of protection pursuant to section 97 of the IRPA.
  • Appeal dismissed.