TB9-08466

TB9-08466

The RAD dismissed the appeals because the Appellants' adverse treatment arises from laws of general application relating to immigration and nationality rather than persecution for a Convention reason, the Affidavit is inadmissible as new evidence under s.110(4) IRPA, and the RPD's section 97 risk assessment was adequate; therefore the RPD decision is affirmed.

Citation
TB9-08466
Parties
Appellant Principal: XXXX XXXX XXXX XXXX; Appellant Minor: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 March 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision affirmed
Legal Topics
Convention Refugee Determination, Section 97 IRPA Risk Assessment, Admissibility of New Evidence Under S.110(4) IRPA, Cumulative Discrimination Vs Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Determination Section 97 IRPA Risk Assessment Admissibility of New Evidence Under S.110(4) IRPA Cumulative Discrimination Vs Persecution

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX XXXX

Appellant Minor

XXXX XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether adverse treatment resulted from laws of general application or constituted persecution for a Convention reason
  2. 2 Whether cumulative discrimination can amount to persecution
  3. 3 Adequacy of the RPD's section 97 risk assessment

Ratio Decidendi

The RAD dismissed the appeals because the Appellants' adverse treatment arises from laws of general application relating to immigration and nationality rather than persecution for a Convention reason, the Affidavit is inadmissible as new evidence under s.110(4) IRPA, and the RPD's section 97 risk assessment was adequate; therefore the RPD decision is affirmed.

Court Disposition

Appeal dismissed; RPD decision affirmed

Orders

  • Appeal dismissed
  • Affidavit rejected as new evidence under s.110(4) IRPA