TC0-00670

TC0-00670

The appeals of the Minor Appellants are dismissed because no evidence established a real risk to them in the United States; the appeals of the Principal Appellant and Associate Appellant are allowed and remitted to the RPD because the RPD failed to assess risk to family members arising from the husband's recognized political activities, and the existing hearing record is inadequate to determine that risk.

Citation
TC0-00670
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (remittal and Dismissal)
Outcome
Partially allowed: appeals of Principal Appellant and Associate Appellant allowed and remitted; appeals of Minor Appellants dismissed.
Legal Topics
Refugee Protection, Convention Refugee, Person in Need of Protection, Family Unity, Imputed Political Opinion, Risk Assessment, Remittal to RPD
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Person in Need of Protection Family Unity Imputed Political Opinion +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (remittal and Dismissal)

Legal Issues

  1. 1 Whether the RPD erred in assessing the objective basis for protection
  2. 2 Whether family membership or imputed political opinion establishes nexus to a Convention ground
  3. 3 Whether the RPD required proof that an agent of persecution is actively pursuing the claimant

Ratio Decidendi

The appeals of the Minor Appellants are dismissed because no evidence established a real risk to them in the United States; the appeals of the Principal Appellant and Associate Appellant are allowed and remitted to the RPD because the RPD failed to assess risk to family members arising from the husband's recognized political activities, and the existing hearing record is inadequate to determine that risk.

Court Disposition

Partially allowed: appeals of Principal Appellant and Associate Appellant allowed and remitted; appeals of Minor Appellants dismissed.

Orders

  • Dismiss the appeals of the Minor Appellants and confirm RPD decision that they are neither Convention refugees nor persons in need of protection pursuant to para.111(1)(a) IRPA.
  • Allow the appeals of the Principal Appellant and Associate Appellant and remit their claims to the Refugee Protection Division to be redetermined by a differently constituted panel pursuant to para.111(1)(c) IRPA.