TB6-04461

TB6-04461

RAD confirmed RPD: the robberies and home invasion were economically motivated crimes targeting perceived wealthy business owners, not motivated by race, the risk is generalized under s.97, and the appellants failed to rebut the presumption of state protection (no police reports or evidence of exhausted remedies); therefore appellants are not Convention refugees or persons in need of protection and the RPD decision is correct.

Citation
TB6-04461
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 June 2016
Procedural Posture
Refugee Protection Appeal / RAD Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Nexus to Convention Grounds, State Protection, Generalized Risk, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Nexus to Convention Grounds State Protection Generalized Risk Standard of Review

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / RAD Decision

Legal Issues

  1. 1 Whether race provided a nexus to persecution under section 96 of the IRPA
  2. 2 Whether the risk faced was a generalized risk under section 97 of the IRPA
  3. 3 Whether state protection was available and the presumption of protection was rebutted

Ratio Decidendi

RAD confirmed RPD: the robberies and home invasion were economically motivated crimes targeting perceived wealthy business owners, not motivated by race, the risk is generalized under s.97, and the appellants failed to rebut the presumption of state protection (no police reports or evidence of exhausted remedies); therefore appellants are not Convention refugees or persons in need of protection and the RPD decision is correct.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act