VB9-00659

VB9-00659

Canadian law does not recognize 'family unity' as a standalone basis to confer Convention refugee status on family members; claimants must demonstrate a well‑founded fear of persecution tied to a Convention ground in every country of reference (including Colombia where appellants hold citizenship), and because the appellants made no such allegations regarding Colombia, the RPD decision concluding they are neither Convention refugees nor persons in need of protection was correct and is confirmed.

Citation
VB9-00659
Parties
Appellant Principal: Principal Appellant (name redacted); Appellant Associate: Associate Appellant (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 October 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision Issued by RAD on October 30, 2019 Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Family Unity, Convention Refugee Definition, Particular Social Group, Standard of Review, Country of Reference
Source Language
English
Immigration Law Refugee Law Administrative Law Family Unity Convention Refugee Definition Particular Social Group Standard of Review Country of Reference

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Parties

Principal Appellant (name redacted)

Appellant Principal

Associate Appellant (name redacted)

Appellant Associate

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision Issued by RAD on October 30, 2019 Confirming RPD Decision

Legal Issues

  1. 1 Whether 'family unity' is a standalone basis for Convention refugee status under Canadian law
  2. 2 Whether the RPD erred by failing to apply UNHCR Handbook Chapter VI on family unity
  3. 3 Whether the appellants faced a well‑founded fear of persecution or risk in Colombia as a country of reference

Ratio Decidendi

Canadian law does not recognize 'family unity' as a standalone basis to confer Convention refugee status on family members; claimants must demonstrate a well‑founded fear of persecution tied to a Convention ground in every country of reference (including Colombia where appellants hold citizenship), and because the appellants made no such allegations regarding Colombia, the RPD decision concluding they are neither Convention refugees nor persons in need of protection was correct and is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act