TC1-07340

TC1-07340

The appeal is dismissed because, on a balance of probabilities, the appellants failed to rebut the presumption that adequate state protection would be available in Israel: a single police report and the new evidence admitted do not demonstrate that operational protection mechanisms and avenues for redress are unavailable or ineffective given Israel's democratic institutions and available accountability mechanisms.

Citation
TC1-07340
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 December 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Credibility Findings, Admissibility of New Evidence, Country Conditions, Police Operational Effectiveness
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Credibility Findings Admissibility of New Evidence Country Conditions +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the appellants rebutted the presumption that adequate state protection would be available to them in Israel
  2. 2 Whether the RPD erred in adverse credibility findings
  3. 3 Whether newly tendered evidence is admissible and material on appeal

Ratio Decidendi

The appeal is dismissed because, on a balance of probabilities, the appellants failed to rebut the presumption that adequate state protection would be available in Israel: a single police report and the new evidence admitted do not demonstrate that operational protection mechanisms and avenues for redress are unavailable or ineffective given Israel's democratic institutions and available accountability mechanisms.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the appellants are neither Convention refugees nor persons in need of protection