MB8-03040

MB8-03040

The appeal is dismissed because, on independent review, the credible and recent country documentation (NDP and international reports) does not establish an objective basis for persecution of the appellants on account of race or gender; the Farmitracker material is of low weight and unreliable; no personalized...

Source-derived case information.

Citation
MB8-03040
Parties
Principal Appellant: XXXX XXXX XXXX (Principal Appellant); Associate Appellant: XXXX XXXX XXXX (Associate Appellant); Respondent: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 December 2020
Procedural Posture
Refugee Appeal (refusal of Refugee Protection by Rpd) / Decision on Appeal by Refugee Appeal Division (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Objective Basis for Refugee Claim, New Evidence Admissibility, State Protection Analysis, Particular Social Group, Race Based Persecution, Gender Based Violence, Employment Discrimination, Sections 96 and 97 IRPA
Source Language
english
Immigration Law Refugee Law Human Rights Law Objective Basis for Refugee Claim New Evidence Admissibility State Protection Analysis Particular Social Group Race Based Persecution +3 more

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Parties

XXXX XXXX XXXX (Principal Appellant)

Principal Appellant

XXXX XXXX XXXX (Associate Appellant)

Associate Appellant

Minister of Immigration

Respondent

Procedural Posture

Refugee Appeal (refusal of Refugee Protection by Rpd) / Decision on Appeal by Refugee Appeal Division (reasons and Decision)

Legal Issues

  1. 1 Whether there is an objective basis for the appellants' fear of persecution based on race or gender
  2. 2 Admissibility and weight of new evidence submitted on appeal
  3. 3 Credibility and weight of Farmitracker country evidence

Ratio Decidendi

The appeal is dismissed because, on independent review, the credible and recent country documentation (NDP and international reports) does not establish an objective basis for persecution of the appellants on account of race or gender; the Farmitracker material is of low weight and unreliable; no personalized forward‑looking risk or proven employment or gender‑based persecution was established; new evidence was inadmissible.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD decision confirmed