TB9-16651

TB9-16651

On independent assessment the appellants remain Belizean citizens because there is no evidence of a properly registered renunciation in Belize; the Mexican nationality certificate and earlier version of the Belizean Nationality Act are inadmissible new evidence; the risk from the named drug trafficker and his organization is at most a mere possibility and does not meet the "serious possibility" threshold for Convention refugee status or the higher threshold for protection under s.97(1) IRPA; therefore the RAD confirms the RPD's negative determination and dismisses the appeal pursuant to paragraph 111(1)(a) IRPA.

Citation
TB9-16651
Parties
Appellant (principal): Principal Appellant; Appellant (minor): Minor Appellant 1; Appellant (minor): Minor Appellant 2
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 November 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Negative Determination
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Country of Reference, Citizenship Determination, Admissibility of New Evidence on Appeal, Well Founded Fear/serious Possibility of Persecution, State Protection Assessment, Standard of Review/deference
Source Language
English
Immigration Law Refugee Law Nationality/citizenship Law Evidentiary Rules (admissibility) Country of Reference Citizenship Determination Admissibility of New Evidence on Appeal Well Founded Fear/serious Possibility of Persecution +2 more

Case Brief

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Parties

Principal Appellant

Appellant (principal)

Minor Appellant 1

Appellant (minor)

Minor Appellant 2

Appellant (minor)

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Negative Determination

Legal Issues

  1. 1 Whether the appellants are citizens of Belize
  2. 2 Admissibility of new evidence (Mexican nationality certificate and Belizean Nationality Act) on appeal
  3. 3 Whether appellants have a well-founded fear of persecution in Belize or Mexico from a drug trafficker and his organization

Ratio Decidendi

On independent assessment the appellants remain Belizean citizens because there is no evidence of a properly registered renunciation in Belize; the Mexican nationality certificate and earlier version of the Belizean Nationality Act are inadmissible new evidence; the risk from the named drug trafficker and his organization is at most a mere possibility and does not meet the "serious possibility" threshold for Convention refugee status or the higher threshold for protection under s.97(1) IRPA; therefore the RAD confirms the RPD's negative determination and dismisses the appeal pursuant to paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; negative determination of the Refugee Protection Division confirmed.