TC2-09027

TC2-09027

The RPD was correct to find the claims arose from a property dispute lacking nexus to a Convention ground; the newly admitted police document did not create a serious credibility issue; appellants can reasonably be expected to relinquish pursuit of the disputed land and therefore do not face a forward-looking risk under s.97 IRPA; appeal dismissed.

Citation
TC2-09027
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 November 2022
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Reasons and Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Nexus to Refugee Convention, Particular Social Group, New Evidence Admission Under S.110(4) IRPA, Forward Looking Risk Under S.97 IRPA, Property/land Disputes, Requirement to Relinquish Claim
Source Language
English
Immigration Law Refugee Law Administrative Law Nexus to Refugee Convention Particular Social Group New Evidence Admission Under S.110(4) IRPA Forward Looking Risk Under S.97 IRPA Property/land Disputes +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Reasons and Decision

Legal Issues

  1. 1 Whether the appellants established a nexus to a Convention ground
  2. 2 Whether new evidence met s.110(4) IRPA and should be admitted
  3. 3 Whether appellants face a forward-looking risk under s.97 IRPA

Ratio Decidendi

The RPD was correct to find the claims arose from a property dispute lacking nexus to a Convention ground; the newly admitted police document did not create a serious credibility issue; appellants can reasonably be expected to relinquish pursuit of the disputed land and therefore do not face a forward-looking risk under s.97 IRPA; appeal dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • New police document admitted as evidence with the appeal
  • No oral hearing convened