TC2-30282

TC2-30282

The appeal is dismissed because the RPD correctly found no well-founded fear of persecution: objective evidence shows Catholics (including Kinh in urban areas) generally can worship freely in registered and many unregistered contexts; the Appellant provided no credible evidence that authorities are seeking her or that she faces a real risk on return; speculation and uncorroborated inferences are insufficient to satisfy sections 96 or 97 IRPA.

Citation
TC2-30282
Parties
Appellant / Personne En Cause: XXXX XXXX XXXX XXXX; Designated Representative: Designated representative; Respondent / Minister: Minister; Panel Member / Tribunal: Ron Stratigopoulos
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 March 2023
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Appeal Decision (written Reasons)
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated September 26, 2022 confirmed
Legal Topics
Convention Refugee Status, Person in Need of Protection, Well Founded Fear of Persecution, Credibility Assessment, Country Evidence Evaluation, Risk Assessment Under Sections 96 and 97 IRPA
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Freedom of Religion Convention Refugee Status Person in Need of Protection Well Founded Fear of Persecution +3 more

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Parties

XXXX XXXX XXXX XXXX

Appellant / Personne En Cause

Designated representative

Designated Representative

Minister

Respondent / Minister

Ron Stratigopoulos

Panel Member / Tribunal

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Appeal Decision (written Reasons)

Legal Issues

  1. 1 Whether the Appellant is a Convention refugee
  2. 2 Whether the Appellant is a person in need of protection
  3. 3 Whether the Appellant has a well-founded fear of persecution for religion

Ratio Decidendi

The appeal is dismissed because the RPD correctly found no well-founded fear of persecution: objective evidence shows Catholics (including Kinh in urban areas) generally can worship freely in registered and many unregistered contexts; the Appellant provided no credible evidence that authorities are seeking her or that she faces a real risk on return; speculation and uncorroborated inferences are insufficient to satisfy sections 96 or 97 IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated September 26, 2022 confirmed

Orders

  • Appeal dismissed and RPD decision confirmed (dated September 26, 2022)
  • No oral hearing granted on appeal due to absence of new evidence