TB4-03977

TB4-03977

Although the RPD made an isolated erroneous remark regarding the Appellants' skin colour, the RAD found that error non‑fatal because the RPD otherwise conducted a thorough credibility assessment and objective analysis of documentary evidence and country conditions; the Appellants failed to provide sufficient credible corroboration or evidence of a personalized risk (including no substantiated evidence of targeting by Lebanese forces or wealth‑based kidnapping), and therefore the claims were not well founded and the RPD decision was confirmed.

Citation
TB4-03977
Parties
Appellant Principal: XXXX XXXX XXX; Appellant Spouse: XXXXX XXXX XXXX; Appellant Child: XXXX XXXXXXXX; Appellant Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 September 2014
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Sur Place Claim, Racial Profiling, Well Founded Fear, Persecution, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Sur Place Claim Racial Profiling Well Founded Fear Persecution +1 more

Case Brief

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Parties

XXXX XXXX XXX

Appellant Principal

XXXXX XXXX XXXX

Appellant Spouse

XXXX XXXXXXXX

Appellant Child

XXXX XXXX

Appellant Child

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD engaged in stereotyping or racial profiling when assessing risk
  2. 2 Whether the RPD failed to consider a ground of persecution (kidnapping/extortion based on perceived wealth)
  3. 3 Whether the RPD erred in drawing adverse inferences despite reasonable explanations

Ratio Decidendi

Although the RPD made an isolated erroneous remark regarding the Appellants' skin colour, the RAD found that error non‑fatal because the RPD otherwise conducted a thorough credibility assessment and objective analysis of documentary evidence and country conditions; the Appellants failed to provide sufficient credible corroboration or evidence of a personalized risk (including no substantiated evidence of targeting by Lebanese forces or wealth‑based kidnapping), and therefore the claims were not well founded and the RPD decision was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed