TB9-15347

TB9-15347

Although the panel accepted there was nexus to a Convention ground, on a forward‑looking assessment the appellants could avoid persecution by relinquishing their property rights; COVID‑19 related risks were either generalized or fell within the health‑care exception; therefore there was no serious possibility of persecution nor a section 97 risk and the appeal is dismissed.

Citation
TB9-15347
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 October 2020
Procedural Posture
Refugee Appeal (appeal From Refugee Protection Division Decision) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Convention Refugee Determination, State Protection, Internal Flight/relocation Alternative, Forward‑looking Risk, Admissibility of New Evidence, Covid‑19 Risk Assessment, Property Rights Versus Persecution
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Public Health (covid 19) Convention Refugee Determination State Protection Internal Flight/relocation Alternative Forward‑looking Risk +3 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (appeal From Refugee Protection Division Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether there is nexus to a Convention ground for persecution
  2. 2 Whether appellants face a forward‑looking risk of persecution, torture or cruel and unusual treatment
  3. 3 Whether appellants can avoid risk by relinquishing property rights

Ratio Decidendi

Although the panel accepted there was nexus to a Convention ground, on a forward‑looking assessment the appellants could avoid persecution by relinquishing their property rights; COVID‑19 related risks were either generalized or fell within the health‑care exception; therefore there was no serious possibility of persecution nor a section 97 risk and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed