TB4-06857

TB4-06857

The RAD confirms the RPD because the appellants failed to establish a serious possibility of persecution: the social maintenance fee is a law of general application, the evidence does not show the fee amounts to cruel and unusual punishment or a failure of state protection, the translation was adequate and no procedural unfairness was established, and the risk of future pregnancy (and therefore risk of penalty) is speculative given the female appellant's age and fertility history.

Citation
TB4-06857
Parties
Female Appellant: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX; Male Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 November 2014
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (decision Rendered)
Outcome
Appeal dismissed; RPD determination confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act
Legal Topics
One Child Policy, Family Planning Fines, Procedural Fairness, Interpreter/translation, Standard of Review, Persecution Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law One Child Policy Family Planning Fines Procedural Fairness Interpreter/translation Standard of Review +1 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX

Female Appellant

XXXX XXXX

Male Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (decision Rendered)

Legal Issues

  1. 1 Whether social maintenance fines for out-of-plan births are a law of general application
  2. 2 Whether fines and penalties constitute persecution or cruel and unusual punishment
  3. 3 Whether the RPD denied procedural fairness by providing inadequate translation

Ratio Decidendi

The RAD confirms the RPD because the appellants failed to establish a serious possibility of persecution: the social maintenance fee is a law of general application, the evidence does not show the fee amounts to cruel and unusual punishment or a failure of state protection, the translation was adequate and no procedural unfairness was established, and the risk of future pregnancy (and therefore risk of penalty) is speculative given the female appellant's age and fertility history.

Court Disposition

Appeal dismissed; RPD determination confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to subsection 111(1)(a) IRPA