TC0-10162

TC0-10162

Although the appellants were found credible about past threats, they failed to establish an objective, individualized risk of future persecution or s.97 harm; absence of further conduct by perpetrators over a sustained period undermined prospect of future attack and the appellants did not establish nexus to a Convention ground or required standard of proof, so the RPD decision dismissing their claims is confirmed.

Citation
TC0-10162
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (reasons for Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed (appellants are neither Convention refugees nor persons in need of protection)
Legal Topics
Convention Refugee, Person in Need of Protection, Standard of Proof, State Protection, New Evidence/oral Hearing
Source Language
English
Immigration Law Refugee Protection Convention Refugee Person in Need of Protection Standard of Proof State Protection New Evidence/oral Hearing

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (reasons for Dismissal)

Legal Issues

  1. 1 Whether appellants face a serious possibility of persecution on a Convention ground (s.96) or a s.97 risk on a balance of probabilities
  2. 2 Whether the RPD applied the correct standard of proof and addressed nexus to a Convention ground
  3. 3 Whether credibility findings suffice absent objective individualized risk

Ratio Decidendi

Although the appellants were found credible about past threats, they failed to establish an objective, individualized risk of future persecution or s.97 harm; absence of further conduct by perpetrators over a sustained period undermined prospect of future attack and the appellants did not establish nexus to a Convention ground or required standard of proof, so the RPD decision dismissing their claims is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed (appellants are neither Convention refugees nor persons in need of protection)