TB8-26867

TB8-26867

The appellants failed to establish a sufficient nexus between the general documentary evidence of honour‑based violence and their specific circumstances (a Nubian Sunni female married to a Lebanese Druze who converted); the evidence showed at most possible social ostracism which does not, on balance, amount to persecution or a risk of serious harm or death, and no new evidence warranted a s.110(6) hearing, therefore the RPD decision was confirmed and the appeal dismissed.

Citation
TB8-26867
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 November 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed. Appellants are neither Convention refugees nor persons in need of protection under s.111(1)(a) IRPA.
Legal Topics
Convention Refugee, Persons in Need of Protection, Honour Based Violence, Interfaith Marriage, Risk Assessment, Standard of Review
Source Language
English
Immigration Refugee Law Convention Refugee Persons in Need of Protection Honour Based Violence Interfaith Marriage Risk Assessment Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Appellant (spouse)

XXXX XXXX XXXX

Appellant (minor)

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether appellants established a well‑founded fear of persecution under section 96 IRPA
  2. 2 Whether appellants are persons in need of protection under section 97 IRPA
  3. 3 Whether the RPD erred by applying a retrospective analysis rather than a prospective one

Ratio Decidendi

The appellants failed to establish a sufficient nexus between the general documentary evidence of honour‑based violence and their specific circumstances (a Nubian Sunni female married to a Lebanese Druze who converted); the evidence showed at most possible social ostracism which does not, on balance, amount to persecution or a risk of serious harm or death, and no new evidence warranted a s.110(6) hearing, therefore the RPD decision was confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed. Appellants are neither Convention refugees nor persons in need of protection under s.111(1)(a) IRPA.

Orders

  • Appeal dismissed
  • No oral hearing under s.110(6) IRPA granted