MB9-26716

MB9-26716

The RAD upheld the RPD: the appellants failed to establish an objective basis that they face a serious possibility of persecution on account of being white South Africans; the RPD properly preferred and relied on the National Documentation Package and the totality of the evidence did not show threats, land seizures or criminality rising to persecution for these appellants.

Citation
MB9-26716
Parties
Principal Appellant: XXXX XXXX; Associate Appellants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 October 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Refugee Status Determination, Objective Basis Requirement, Persecution on Account of Race, Country Conditions Evidence, Weight of Documentary Evidence, Risk of Criminal Victimization, Land Expropriation Risk
Source Language
English
Immigration Refugee Law Administrative Law Refugee Status Determination Objective Basis Requirement Persecution on Account of Race Country Conditions Evidence Weight of Documentary Evidence +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellants

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD erred in finding insufficient objective basis for the appellants' fear of persecution
  2. 2 Whether the RPD improperly assessed risk by considering whites as a group rather than the appellants' particular circumstances
  3. 3 Whether relevant documentary evidence (NDP) was properly weighted and assessed

Ratio Decidendi

The RAD upheld the RPD: the appellants failed to establish an objective basis that they face a serious possibility of persecution on account of being white South Africans; the RPD properly preferred and relied on the National Documentation Package and the totality of the evidence did not show threats, land seizures or criminality rising to persecution for these appellants.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated October 8, 2019 is confirmed: appellants are neither Convention refugees nor persons in need of protection.