TC0-09170

TC0-09170

The RAD confirms the RPD: appellants failed to prove on a balance of probabilities that the robberies, burglaries and kidnapping were motivated by their Chinese ethnicity or that any discrimination amounted to persecution; evidence showed ordinary criminality and a generalized risk faced by Venezuelans; therefore...

Source-derived case information.

Citation
TC0-09170
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Younger Associate Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad Reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee Status, Person in Need of Protection, Exclusion Under Article 1 E, Ethnic Persecution, Generalized Risk Vs Individualized Risk, Standard of Review
Source Language
english
Immigration Refugee Law Administrative Law Convention Refugee Status Person in Need of Protection Exclusion Under Article 1 E Ethnic Persecution Generalized Risk Vs Individualized Risk +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Younger Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad Reasons)

Legal Issues

  1. 1 Whether the appellant family were targeted for crimes because of their Chinese ethnicity and whether that amounted to persecution on a Convention ground
  2. 2 Whether the Associate Appellant is excluded under Article 1E of the Refugee Convention due to Chinese citizenship and Venezuelan permanent residence
  3. 3 Whether the RPD erred in assessment of credibility and in finding a generalized rather than a personalized risk

Ratio Decidendi

The RAD confirms the RPD: appellants failed to prove on a balance of probabilities that the robberies, burglaries and kidnapping were motivated by their Chinese ethnicity or that any discrimination amounted to persecution; evidence showed ordinary criminality and a generalized risk faced by Venezuelans; therefore appellants are not Convention refugees nor persons in need of protection and the appeal is dismissed under para 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act.