VC1-03848

VC1-03848

Although the RPD failed to conduct an explicit section 97 assessment for the PA and minors where some country evidence existed, the RAD's independent assessment found the documentary and testimonial evidence did not establish a real likelihood of being killed, tortured or subjected to cruel and unusual treatment or punishment in the Philippines or Lebanon; family separation does not constitute protection under sections 96 or 97 IRPA; appeal dismissed and RPD decision confirmed.

Citation
VC1-03848
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 November 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (amended Reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Section 96 IRPA, Section 97 IRPA, Family Unity/separation, Best Interests of the Child, Country Conditions Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Section 96 IRPA Section 97 IRPA Family Unity/separation +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (amended Reasons)

Legal Issues

  1. 1 Whether the RPD failed to assess the claims under section 97 IRPA
  2. 2 Whether Appellants face forward‑looking risk of persecution in Philippines or Lebanon
  3. 3 Whether family separation engages protection under sections 96 or 97 IRPA

Ratio Decidendi

Although the RPD failed to conduct an explicit section 97 assessment for the PA and minors where some country evidence existed, the RAD's independent assessment found the documentary and testimonial evidence did not establish a real likelihood of being killed, tortured or subjected to cruel and unusual treatment or punishment in the Philippines or Lebanon; family separation does not constitute protection under sections 96 or 97 IRPA; appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division affirmed