TB6-07641

TB6-07641

The appellants failed to establish nexus to a Convention ground and, on the evidence, face a generalized risk of criminality rather than a personalized risk of persecution; accordingly they are neither Convention refugees under s.96 nor persons in need of protection under s.97(1), and the RPD decision is upheld.

Citation
TB6-07641
Parties
Principal Appellant and Designated Representative: XXXX XXXX XXXX; Spouse: XXXX XXXX; Minor Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 September 2016
Procedural Posture
Refugee Protection Appeal (rad) / Final Decision by RAD
Outcome
Appeal rejected; RPD decision upheld.
Legal Topics
Convention Refugee Status, Person in Need of Protection, Nexus, Generalized Risk Vs. Personalized Risk, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Status Person in Need of Protection Nexus Generalized Risk Vs. Personalized Risk Standard of Review

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Parties

XXXX XXXX XXXX

Principal Appellant and Designated Representative

XXXX XXXX

Spouse

XXXX XXXX

Minor Child

Procedural Posture

Refugee Protection Appeal (rad) / Final Decision by RAD

Legal Issues

  1. 1 Whether appellants are Convention refugees under section 96 of the IRPA
  2. 2 Whether appellants are persons in need of protection under section 97(1) of the IRPA
  3. 3 Whether the risk faced by the appellants is generalized or personalized

Ratio Decidendi

The appellants failed to establish nexus to a Convention ground and, on the evidence, face a generalized risk of criminality rather than a personalized risk of persecution; accordingly they are neither Convention refugees under s.96 nor persons in need of protection under s.97(1), and the RPD decision is upheld.

Court Disposition

Appeal rejected; RPD decision upheld.

Orders

  • Appeal dismissed
  • RPD decision confirmed; no referral for redetermination