VC3-00627

VC3-00627

The appeal is dismissed because, on the objective evidence, the appellants failed to establish a serious possibility that the named individual would abduct or otherwise force the Principal Appellant to marry him or that they face gender-based persecution rising to the level of persecution; Lebanese and Shia law, and available country information, do not support the necessary forward-looking risk findings and the RPD's analysis was correct.

Citation
VC3-00627
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 July 2023
Procedural Posture
Refugee Appeal / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Forced Marriage, Gender Based Persecution, State Protection, Risk Assessment, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Law Forced Marriage Gender Based Persecution State Protection Risk Assessment Credibility Assessment

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether there is a forward-facing serious possibility of forced marriage or abduction by the named individual
  2. 2 Whether gender-based discrimination in Lebanon rises to the level of persecution for these appellants
  3. 3 Whether the named individual's alleged ties to Hezbollah create a realistic risk or ability to coerce marriage

Ratio Decidendi

The appeal is dismissed because, on the objective evidence, the appellants failed to establish a serious possibility that the named individual would abduct or otherwise force the Principal Appellant to marry him or that they face gender-based persecution rising to the level of persecution; Lebanese and Shia law, and available country information, do not support the necessary forward-looking risk findings and the RPD's analysis was correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Refugee Protection Division decision confirmed that the Appellants are neither Convention refugees nor persons in need of protection