TC1-04556

TC1-04556

Appeal dismissed because family unity does not constitute grounds for refugee protection, the appellant failed to demonstrate an individualized or objective risk of persecution or serious harm in the United States (risks from the foster care system are generalized), and the proffered new evidence did not have sufficient probative value to overturn the RPD's decision.

Citation
TC1-04556
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister; Panel Member / Decision Maker: Karen McGovern
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 October 2021
Procedural Posture
Refugee Protection Appeal (refugee Protection Division Decision) / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Family Unity, Best Interests of the Child, Credibility and Omissions, New Evidence Admissibility, State Protection, Convention Refugee Definition, Foster Care Risk
Source Language
English
Immigration Law Refugee Law Administrative Law Child Rights Family Unity Best Interests of the Child Credibility and Omissions New Evidence Admissibility +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

XXXX XXXX

Designated Representative

Minister

Respondent

Karen McGovern

Panel Member / Decision Maker

Procedural Posture

Refugee Protection Appeal (refugee Protection Division Decision) / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether family unity or risk of family separation can ground a Convention refugee or need for protection claim
  2. 2 Whether the RPD erred in rejecting the mother's explanation for an omission in her narrative
  3. 3 Whether the Chairperson's Guideline 3 and child-rights best interests framework required a different outcome

Ratio Decidendi

Appeal dismissed because family unity does not constitute grounds for refugee protection, the appellant failed to demonstrate an individualized or objective risk of persecution or serious harm in the United States (risks from the foster care system are generalized), and the proffered new evidence did not have sufficient probative value to overturn the RPD's decision.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • The appeal is dismissed and the Refugee Protection Division decision is confirmed.