MB8-15655

MB8-15655

Credibility was determinative; the evidence did not support that perpetrators were members of a concerted gang, did not establish nexus to religion or political opinion, and demonstrated that State protection had been available and used at times, therefore the appellants failed to show a serious possibility of persecution or a balance of probabilities risk and are not Convention refugees or persons in need of protection.

Citation
MB8-15655
Parties
Respondent Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Appellant Minister: Minister of Immigration, Refugees and Citizenship and Minister of Public Safety
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 February 2020
Procedural Posture
Refugee Appeal / Final Decision
Outcome
Appeal allowed; substituted decision that the appellants are not Convention refugees and are not persons in need of protection
Legal Topics
Credibility, State Protection, Internal Flight Alternative, Nexus to Convention Grounds, Persecution, Evidence Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility State Protection Internal Flight Alternative Nexus to Convention Grounds Persecution +1 more

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Parties

XXXX XXXX XXXX

Respondent Person Who Is the Subject of the Appeal

XXXX XXXX XXXX XXXX

Respondent Person Who Is the Subject of the Appeal

XXXX XXXX XXXX

Designated Representative

Minister of Immigration, Refugees and Citizenship and Minister of Public Safety

Appellant Minister

Procedural Posture

Refugee Appeal / Final Decision

Legal Issues

  1. 1 Credibility of the respondents' account
  2. 2 Whether agents of persecution could be inferred to be gang members
  3. 3 Whether religion or political opinion constituted nexus to Convention grounds

Ratio Decidendi

Credibility was determinative; the evidence did not support that perpetrators were members of a concerted gang, did not establish nexus to religion or political opinion, and demonstrated that State protection had been available and used at times, therefore the appellants failed to show a serious possibility of persecution or a balance of probabilities risk and are not Convention refugees or persons in need of protection.

Court Disposition

Appeal allowed; substituted decision that the appellants are not Convention refugees and are not persons in need of protection

Orders

  • The decision of the Refugee Protection Division is set aside and substituted: the appellants are not Convention refugees and are not persons in need of protection.