TB9-31219

TB9-31219

The appeal is dismissed because the RPD reasonably found the appellant's evidence lacking in credibility and independent corroboration and therefore insufficient to establish, on a forward-looking basis, a realistic or more-than-mere-possibility risk of persecution or cruel or unusual treatment by the alleged partner or Los Zetas; Chairperson's Guideline 4 was considered but cannot remedy the evidentiary gaps.

Citation
TB9-31219
Parties
Appellant / Person in Cause: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 December 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Gender Based Persecution, Domestic Violence, Cartel Violence, Credibility Assessment, Forward Looking Risk, Application of Chairperson's Guideline 4
Source Language
English
Immigration Law Refugee Law Human Rights Law Gender Based Persecution Domestic Violence Cartel Violence Credibility Assessment Forward Looking Risk +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the appellant faces a forward-looking risk of persecution or cruel and unusual treatment from an alleged partner or Los Zetas cartel
  2. 2 Credibility and existence of the relationship with the alleged perpetrator
  3. 3 Whether the RPD failed to apply Chairperson's Guideline 4 meaningfully

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found the appellant's evidence lacking in credibility and independent corroboration and therefore insufficient to establish, on a forward-looking basis, a realistic or more-than-mere-possibility risk of persecution or cruel or unusual treatment by the alleged partner or Los Zetas; Chairperson's Guideline 4 was considered but cannot remedy the evidentiary gaps.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Appellant is neither a Convention refugee nor a person in need of protection; RPD decision affirmed