VB9-06177

VB9-06177

The RPD was correct to dismiss the Appellants' claims because they failed to establish a well-founded fear of persecution in Ecuador (a country of their nationality), claimants must demonstrate fear in each country of nationality under s.96 IRPA, and the objective country evidence did not show a serious possibility of persecution or risk to life in Ecuador; family unity principles and UNHCR guidance do not override these statutory requirements.

Citation
VB9-06177
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 January 2020
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Dual Nationality, Family Reunification, Standard of Review, Country of Origin Information, Convention Refugee Definition
Source Language
English
Immigration Law Refugee Law Administrative Law Dual Nationality Family Reunification Standard of Review Country of Origin Information Convention Refugee Definition

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in rejecting the Appellants' refugee claims
  2. 2 Whether UNHCR Handbook Chapter VI or s.3(2)(f) IRPA require preservation of family unit to confer refugee status
  3. 3 Whether dual or multiple nationality requires claim to be established against each country of nationality

Ratio Decidendi

The RPD was correct to dismiss the Appellants' claims because they failed to establish a well-founded fear of persecution in Ecuador (a country of their nationality), claimants must demonstrate fear in each country of nationality under s.96 IRPA, and the objective country evidence did not show a serious possibility of persecution or risk to life in Ecuador; family unity principles and UNHCR guidance do not override these statutory requirements.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act