VC2-05418

VC2-05418

The RPD correctly concluded there was no nexus to a Refugee Convention ground and, applying s.97 IRPA on a balance of probabilities, the appellant failed to establish it is more likely than not that he would be subjected to death or other serious harm if he gave up his land; therefore the appeal is dismissed and the RPD decision is confirmed.

Citation
VC2-05418
Parties
Appellant / Person in Cause: XXXX XXXX; Panel Member / Decision Maker: Jo-Anne Pickel
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 May 2023
Procedural Posture
Refugee Appeal to the Refugee Appeal Division (rad) Under IRPA / Reasons and Decision on Appeal; Oral Hearing Request Denied; Appeal Dismissed
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Nexus to Refugee Convention, Section 97 IRPA Person in Need of Protection, Land Disputes and Persecution Nexus, State Protection, Internal Flight Alternative, Standard of Proof (balance of Probabilities), Oral Hearing and New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Nexus to Refugee Convention Section 97 IRPA Person in Need of Protection Land Disputes and Persecution Nexus State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Appellant / Person in Cause

Jo-Anne Pickel

Panel Member / Decision Maker

Procedural Posture

Refugee Appeal to the Refugee Appeal Division (rad) Under IRPA / Reasons and Decision on Appeal; Oral Hearing Request Denied; Appeal Dismissed

Legal Issues

  1. 1 Whether the appellant's allegations have nexus to a Convention ground of persecution
  2. 2 Whether, under s.97 IRPA on a balance of probabilities, the appellant would likely be subjected to serious harm if he surrendered the disputed land
  3. 3 Whether the RPD erred in failing to assess state protection or internal flight alternative

Ratio Decidendi

The RPD correctly concluded there was no nexus to a Refugee Convention ground and, applying s.97 IRPA on a balance of probabilities, the appellant failed to establish it is more likely than not that he would be subjected to death or other serious harm if he gave up his land; therefore the appeal is dismissed and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Refugee Appeal Division denies oral hearing request and refuses to admit new evidence
  • The RPD decision that the appellant is neither a Convention refugee nor a person in need of protection is confirmed