MC0-02321

MC0-02321

The appellants failed to prove on a balance of probabilities that the threats, arson and home attack were linked to the female appellant's late husband's political activity or that PHTK militants were responsible; the testimony lacked sufficient specificity and corroboration to establish a nexus or a serious possibility of persecution under s.96 or danger under s.97 IRPA, therefore the RPD's decision rejecting refugee protection was correct.

Citation
MC0-02321
Parties
Appellant: Ms. XXXX; Appellant: Mr. XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 June 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (reasons and Decision)
Outcome
appeal dismissed
Legal Topics
Credibility Assessment, Convention Refugee, Person in Need of Protection, Risk Assessment, Political Opinion Nexus, IRPA S.96 Risk of Persecution, IRPA S.97 Risk to Life/torture
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Person in Need of Protection Risk Assessment Political Opinion Nexus +2 more

Case Brief

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Parties

Ms. XXXX

Appellant

Mr. XXXX

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether appellants established credibility of allegations linking threats, arson and attack to political activity of deceased husband
  2. 2 Whether nexus existed between alleged persecutors (PHTK militants) and appellants' claimed political opinion/status
  3. 3 Whether documentary and testimonial evidence sufficiently corroborated key factual assertions

Ratio Decidendi

The appellants failed to prove on a balance of probabilities that the threats, arson and home attack were linked to the female appellant's late husband's political activity or that PHTK militants were responsible; the testimony lacked sufficient specificity and corroboration to establish a nexus or a serious possibility of persecution under s.96 or danger under s.97 IRPA, therefore the RPD's decision rejecting refugee protection was correct.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; RPD decision upheld that appellants are neither Convention refugees nor persons in need of protection