TC0-01561

TC0-01561

The appeal is dismissed because the decisive legal conclusion is that the appellant does not face a forward-looking risk of persecution on a balance of probabilities: he will have completed high school in Canada and will be an adult on return, the evidence establishes school bullying primarily affects school-aged children and does not demonstrate a future risk to an adult, and therefore the RPD correctly found he is neither a Convention refugee nor a person in need of protection.

Citation
TC0-01561
Parties
Appellant / Person Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Refugee Appeal (refugee Protection Division Decision) / Appeal Heard and Decision Rendered (dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Persecution, Risk Assessment, Bullying and Discrimination, Right to Education, Convention Refugee Determination, Non Refoulement
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Persecution Risk Assessment Bullying and Discrimination Right to Education +2 more

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Parties

XXXX XXXX

Appellant / Person Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Protection Division Decision) / Appeal Heard and Decision Rendered (dismissed)

Legal Issues

  1. 1 Whether past bullying and discrimination amounted to persecution
  2. 2 Whether the appellant faces a forward-looking risk of persecution if returned to South Korea
  3. 3 Whether the appellant's completion of education in Canada and transition to adulthood defeats a claim of future risk

Ratio Decidendi

The appeal is dismissed because the decisive legal conclusion is that the appellant does not face a forward-looking risk of persecution on a balance of probabilities: he will have completed high school in Canada and will be an adult on return, the evidence establishes school bullying primarily affects school-aged children and does not demonstrate a future risk to an adult, and therefore the RPD correctly found he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed