VB9-08323

VB9-08323

The appellants failed to demonstrate a forward‑looking risk to life because the tribunal correctly found they could reasonably avoid future harm by relinquishing their disputed inheritance; the proffered FIR was not admitted as new evidence under s.110(4) and the omission of an alleged arrest undermined credibility but was not central to the dispute about property as the source of risk.

Citation
VB9-08323
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision Issued (reasons)
Outcome
Appeal dismissed; RPD decision of October 10, 2019 confirmed; appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Forward Looking Risk, Property/inheritance Dispute, Credibility, Admission of New Evidence, S.97 IRPA Analysis, S.110(4) IRPA
Source Language
English
Immigration Refugee Law Administrative Law Forward Looking Risk Property/inheritance Dispute Credibility Admission of New Evidence S.97 IRPA Analysis +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision Issued (reasons)

Legal Issues

  1. 1 Whether appellants face a forward-looking risk to life in Pakistan
  2. 2 Whether appellants can be required to relinquish property to avoid the risk
  3. 3 Whether the FIR qualifies as new evidence under s.110(4) IRPA

Ratio Decidendi

The appellants failed to demonstrate a forward‑looking risk to life because the tribunal correctly found they could reasonably avoid future harm by relinquishing their disputed inheritance; the proffered FIR was not admitted as new evidence under s.110(4) and the omission of an alleged arrest undermined credibility but was not central to the dispute about property as the source of risk.

Court Disposition

Appeal dismissed; RPD decision of October 10, 2019 confirmed; appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated October 10, 2019 confirmed