MC2-10624

MC2-10624

The appeal is dismissed because the appellants failed to demonstrate a nexus to a Convention ground or that they face a risk whose nature or severity is different from the general risk faced by a significant portion of the Lebanese population; evidence of deteriorated health services and corruption was insufficient to rebut exceptions in s.97(1) or to meet the claimant's burden under section 96 of the IRPA.

Citation
MC2-10624
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2022
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; RAD Decision Dismissing Appeal
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Prospective Risk, Generalized Risk, Convention Nexus, Section 96 IRPA, Subsection 97(1) IRPA, Exceptions Under S.97(1)(b)(ii) and S.97(1)(b)(iv), Healthcare Access
Source Language
English
Immigration Refugee Law Administrative Law Prospective Risk Generalized Risk Convention Nexus Section 96 IRPA Subsection 97(1) IRPA +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; RAD Decision Dismissing Appeal

Legal Issues

  1. 1 Whether the appellants established a prospective risk under section 96 of the IRPA tied to a Convention ground
  2. 2 Whether the appellants established a differentiated risk under subsection 97(1) of the IRPA as distinct from a general risk faced by a significant portion of the Lebanese population
  3. 3 Whether exceptions in s.97(1)(b)(ii) (general risk) or s.97(1)(b)(iv) (risk caused by inadequacy of health care) apply

Ratio Decidendi

The appeal is dismissed because the appellants failed to demonstrate a nexus to a Convention ground or that they face a risk whose nature or severity is different from the general risk faced by a significant portion of the Lebanese population; evidence of deteriorated health services and corruption was insufficient to rebut exceptions in s.97(1) or to meet the claimant's burden under section 96 of the IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and the determination of the Refugee Protection Division that the appellants are neither Convention refugees nor persons in need of protection is confirmed.