VB4-01769

VB4-01769

On independent assessment the RAD confirmed the RPD: appellants failed to prove a personalized, well‑founded fear of persecution on a Convention ground or, on the balance of probabilities, a personal risk of serious harm under s.97; the new country documents lacked a direct link to the appellants, prior conduct (open practice and re‑availment/return) undermined claimed fear, and no evidence established violation of family planning laws, therefore appeal dismissed.

Citation
VB4-01769
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 December 2014
Procedural Posture
Refugee Appeal (immigration and Refugee Board Rad) / Decision RAD
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, Nexus, Country Conditions, Family Planning, Property Expropriation, Standard of Review, New Evidence, Oral Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Nexus Country Conditions Family Planning Property Expropriation +3 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (immigration and Refugee Board Rad) / Decision RAD

Legal Issues

  1. 1 Whether appellants are Convention refugees under section 96 of the Act
  2. 2 Whether appellants are persons in need of protection under section 97 of the Act
  3. 3 Whether the RPD erred in failing to link the appellants' personal circumstances to objective country evidence

Ratio Decidendi

On independent assessment the RAD confirmed the RPD: appellants failed to prove a personalized, well‑founded fear of persecution on a Convention ground or, on the balance of probabilities, a personal risk of serious harm under s.97; the new country documents lacked a direct link to the appellants, prior conduct (open practice and re‑availment/return) undermined claimed fear, and no evidence established violation of family planning laws, therefore appeal dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • RPD decision confirmed