MB9-19281

MB9-19281

The appeal is dismissed because, although the appellant was found credible, he failed to prove on a balance of probabilities that the police who threatened him in 2017 remain interested in him or that he faces an individualized prospective risk; speculative reports and general country deterioration are insufficient to meet the burden of proof.

Citation
MB9-19281
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 March 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision Reasons for Decision
Outcome
Appeal dismissed; RPD determination confirmed that appellant is not a Convention refugee or a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Prospective Risk, Credibility, Burden of Proof
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee Person in Need of Protection Prospective Risk Credibility Burden of Proof

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision Reasons for Decision

Legal Issues

  1. 1 Whether the appellant is a Convention refugee
  2. 2 Whether the appellant is a person in need of protection
  3. 3 Whether there is a real, prospective individualized risk on return

Ratio Decidendi

The appeal is dismissed because, although the appellant was found credible, he failed to prove on a balance of probabilities that the police who threatened him in 2017 remain interested in him or that he faces an individualized prospective risk; speculative reports and general country deterioration are insufficient to meet the burden of proof.

Court Disposition

Appeal dismissed; RPD determination confirmed that appellant is not a Convention refugee or a person in need of protection

Orders

  • Appeal dismissed
  • RPD determination confirmed