TC0-04651

TC0-04651

The RAD dismissed the appeals because the RPD did not err in its state protection analysis: the RPD properly weighed documentary evidence of both organized crime and effective state responses and reasonably found that the Appellants failed to establish they could not obtain effective state protection; that determinative finding requires dismissal of the refugee and protection claims.

Citation
TC0-04651
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 January 2021
Procedural Posture
Refugee Appeal / Reasons for Decision (rad)
Outcome
Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
State Protection, Credibility, Convention Refugee Status, Person in Need of Protection, Organized Crime, Country Conditions Evidence
Source Language
English
Immigration Refugee Law Administrative Law State Protection Credibility Convention Refugee Status Person in Need of Protection Organized Crime +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal / Reasons for Decision (rad)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in its state protection analysis
  2. 2 Whether the RPD improperly required speculation about the size and strength of the alleged criminal organization
  3. 3 Whether the RPD was selective in its use of country conditions evidence

Ratio Decidendi

The RAD dismissed the appeals because the RPD did not err in its state protection analysis: the RPD properly weighed documentary evidence of both organized crime and effective state responses and reasonably found that the Appellants failed to establish they could not obtain effective state protection; that determinative finding requires dismissal of the refugee and protection claims.

Court Disposition

Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD decision confirmed.