TB8-30081

TB8-30081

The RAD dismissed the appeal because the RPD correctly applied the legal test and on the balance of probabilities concluded the appellant did not establish more than a mere possibility of persecution in the United States; the appellant's personal experience and country evidence, including the admissible news article, were insufficient to demonstrate severity or persistence of harm amounting to persecution.

Citation
TB8-30081
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration; Panel Member / Decision Maker: Erin Bobkin
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 October 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) – Decision on Correctness of RPD Decision and Admissibility of New Evidence
Outcome
Appeal dismissed; RPD decision confirmed; appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Refugee Status Determination, Persecution Risk Assessment, Admissibility of New Evidence, Cumulative Discrimination, Country Condition Evidence, Standard of Review and Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Status Determination Persecution Risk Assessment Admissibility of New Evidence Cumulative Discrimination Country Condition Evidence +1 more

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Citizenship and Immigration

Respondent / Minister

Erin Bobkin

Panel Member / Decision Maker

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) – Decision on Correctness of RPD Decision and Admissibility of New Evidence

Legal Issues

  1. 1 Whether new evidence met IRPA s.110(4) thresholds and was admissible
  2. 2 Whether cumulative discriminatory acts experienced by appellant or family amount to persecution
  3. 3 Whether the RPD applied the correct legal test and standard (more than a mere possibility; balance of probabilities)

Ratio Decidendi

The RAD dismissed the appeal because the RPD correctly applied the legal test and on the balance of probabilities concluded the appellant did not establish more than a mere possibility of persecution in the United States; the appellant's personal experience and country evidence, including the admissible news article, were insufficient to demonstrate severity or persistence of harm amounting to persecution.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed and Refugee Protection Division decision confirmed