TB9-00070

TB9-00070

Even accepting the Appellants' allegations as having occurred, the incidents constituted generalized criminality without nexus to Convention grounds, objective country evidence showed South Asians are not the primary target of xenophobic violence and the Appellants' long residence and middle‑class profile reduce their risk; accordingly there is no serious possibility of persecution and the adult appellants are effectively within Article 1E scope; appeal dismissed and RPD decision confirmed.

Citation
TB9-00070
Parties
Principal Appellant: XXXX XXXX; Adult Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 December 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (appeal Disposed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Exclusion (article 1 E), Credibility and Plausibility Findings, Xenophobia and Country Conditions, Risk Assessment / Serious Possibility of Persecution, Internal Relocation / Alternative State Protection
Source Language
English
Immigration Refugee Law Exclusion (article 1 E) Credibility and Plausibility Findings Xenophobia and Country Conditions Risk Assessment / Serious Possibility of Persecution Internal Relocation / Alternative State Protection

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Adult Associate Appellant

XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (appeal Disposed)

Legal Issues

  1. 1 Whether the Appellants' allegations, if accepted, establish a serious possibility of persecution or risk to life
  2. 2 Whether the Adult Appellants are excluded under Article 1E because of permanent residence in South Africa
  3. 3 Whether the RPD erred in credibility and plausibility findings and whether any error was determinative

Ratio Decidendi

Even accepting the Appellants' allegations as having occurred, the incidents constituted generalized criminality without nexus to Convention grounds, objective country evidence showed South Asians are not the primary target of xenophobic violence and the Appellants' long residence and middle‑class profile reduce their risk; accordingly there is no serious possibility of persecution and the adult appellants are effectively within Article 1E scope; appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision confirmed: Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act