TC0-00649

TC0-00649

The appeal is dismissed because the appellant failed to establish a nexus to a Convention ground and did not prove, on a balance of probabilities, a personalized or targeted risk of serious harm in Jamaica; the evidence shows generalized gang and countrywide violence only, and the RPD did not err in law or apply an unduly high standard of proof.

Citation
TC0-00649
Parties
Appellant / Person Who Is Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister; Original Decision Maker: Refugee Protection Division
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 October 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal (reasons for Dismissal)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed.
Legal Topics
Convention Refugee, Person in Need of Protection (s.97 Irpa), Nexus to Convention Ground, Standard of Proof, Generalized Vs. Individualized Risk, Oral Hearing Discretion
Source Language
English
Immigration Refugee Law Administrative Law Evidence and Credibility Convention Refugee Person in Need of Protection (s.97 Irpa) Nexus to Convention Ground Standard of Proof +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is Subject of the Appeal

Minister

Respondent

Refugee Protection Division

Original Decision Maker

Procedural Posture

Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal (reasons for Dismissal)

Legal Issues

  1. 1 Whether the appellant is a Convention refugee under s.96 IRPA
  2. 2 Whether the appellant is a person in need of protection under s.97 IRPA (personalized risk on balance of probabilities)
  3. 3 Whether the RPD applied the correct standard of proof

Ratio Decidendi

The appeal is dismissed because the appellant failed to establish a nexus to a Convention ground and did not prove, on a balance of probabilities, a personalized or targeted risk of serious harm in Jamaica; the evidence shows generalized gang and countrywide violence only, and the RPD did not err in law or apply an unduly high standard of proof.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed.

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; RPD decision that appellant is neither a Convention refugee nor a person in need of protection is confirmed.