TB9-21708

TB9-21708

The appeal is dismissed because the appellants failed to establish an objectively well‑founded prospective risk of persecution or s.97 risk: the RPD was correct to reject corroboration and to find no objective basis for risk from militias in Iraq, the Associate’s UAE claim does not amount to persecution or a protected s.97 interest, and the Minor’s medical‑care claim is a systemic health issue not cognizable under s.97 absent a Convention nexus.

Citation
TB9-21708
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Dismissed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated June 21, 2019 confirmed
Legal Topics
Credibility Findings, Well‑founded Fear, Persecution, Protection Under Section 97, Family Unity, Gender Discrimination, Country Conditions, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Well‑founded Fear Persecution Protection Under Section 97 Family Unity +3 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether appellants established an objectively well‑founded fear of persecution from militias in Iraq
  3. 3 Whether the Associate Appellant’s inability to pass citizenship amounts to persecution in the UAE

Ratio Decidendi

The appeal is dismissed because the appellants failed to establish an objectively well‑founded prospective risk of persecution or s.97 risk: the RPD was correct to reject corroboration and to find no objective basis for risk from militias in Iraq, the Associate’s UAE claim does not amount to persecution or a protected s.97 interest, and the Minor’s medical‑care claim is a systemic health issue not cognizable under s.97 absent a Convention nexus.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated June 21, 2019 confirmed

Orders

  • Dismissal of the appeal
  • Confirmation of RPD decision that appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act