TC1-19933

TC1-19933

The RAD dismissed the appeal because the appellants failed to prove, on the required standards, a serious possibility of persecution or a balance of probabilities risk of torture, death, or cruel and unusual treatment in their countries of citizenship; the principal appellant failed to show the alleged agent of harm (his father) had the means and motivation to find him outside his locality and viable internal flight alternatives exist in Tyre and Sidon, and the associate appellants either did not pursue claims against Morocco/Philippines or did not establish that discrimination or circumstances there amount to persecution.

Citation
TC1-19933
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (adult Female): XXXX XXXX; Associate Appellant (minor): XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 April 2022
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision (reasons and Dismissal)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Internal Flight Alternative (ifa), Convention Refugee Status, Burden of Proof, Gender Discrimination, Child Refugee Claims
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Internal Flight Alternative (ifa) Convention Refugee Status Burden of Proof Gender Discrimination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (adult Female)

XXXX XXXX

Associate Appellant (minor)

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision (reasons and Dismissal)

Legal Issues

  1. 1 Whether associate appellants face forward‑facing risk of persecution or serious risk of harm in Philippines and Morocco
  2. 2 Whether principal appellant has viable internal flight alternatives in Lebanon (Tyre and Sidon)
  3. 3 Whether principal appellant established nexus to a Convention ground

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to prove, on the required standards, a serious possibility of persecution or a balance of probabilities risk of torture, death, or cruel and unusual treatment in their countries of citizenship; the principal appellant failed to show the alleged agent of harm (his father) had the means and motivation to find him outside his locality and viable internal flight alternatives exist in Tyre and Sidon, and the associate appellants either did not pursue claims against Morocco/Philippines or did not establish that discrimination or circumstances there amount to persecution.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed; the Refugee Protection Division's decision is confirmed that the appellants are neither Convention refugees nor persons in need of protection