MC3-04795

MC3-04795

The RPD correctly found that the appellants failed, on a balance of probabilities, to establish that the robberies and attempted kidnappings were connected or motivated by the family's patriarch such that they would face a personal prospective risk under section 97 of the IRPA; the incidents are consistent with generalized criminality in Algeria and the evidence was circumstantial and insufficient to prove targeted persecution.

Citation
MC3-04795
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister (Canada); Panel/decision Maker: Guerlain Guerrier
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 August 2023
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Reasons and Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Personal Prospective Risk, Generalized Risk, Refugee Status, Burden of Proof, Identity of Agents of Harm, Standard of Review
Source Language
English
Immigration and Refugee Law Refugee Protection Administrative Law Criminal Law Personal Prospective Risk Generalized Risk Refugee Status Burden of Proof +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Designated Representative

Minister (Canada)

Respondent

Guerlain Guerrier

Panel/decision Maker

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Reasons and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether appellants established a personal prospective risk under section 97 of the IRPA
  2. 2 Whether the series of robberies and attempted kidnappings were connected and targeted because of the family's patriarch
  3. 3 Whether the risk faced by appellants is generalized or personal

Ratio Decidendi

The RPD correctly found that the appellants failed, on a balance of probabilities, to establish that the robberies and attempted kidnappings were connected or motivated by the family's patriarch such that they would face a personal prospective risk under section 97 of the IRPA; the incidents are consistent with generalized criminality in Algeria and the evidence was circumstantial and insufficient to prove targeted persecution.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and the Refugee Protection Division decision confirmed: appellants are not Convention refugees or persons in need of protection