TB5-08242

TB5-08242

RAD confirmed the RPD because the principal appellant's own testimony established that the gang targeted businessmen generally (not on an immutable or Convention ground such as nationality or ethnicity), removing nexus to a Convention ground and rendering any risk generalized rather than a personalized s.97 risk; credibility concerns (including failure to seek protection in the USA despite lawful status) further supported the RPD's conclusion.

Citation
TB5-08242
Parties
Appellant: Principal Appellant (name redacted); Spouse: XXXX XXXX; Child: XXXX XXXX; Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 October 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) After RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Persons in Need of Protection, Credibility Assessment, Nexus to Convention Ground, Section 97 Risk, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persons in Need of Protection Credibility Assessment Nexus to Convention Ground Section 97 Risk +1 more

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Parties

Principal Appellant (name redacted)

Appellant

XXXX XXXX

Spouse

XXXX XXXX

Child

XXXX XXXX XXXX

Child

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) After RPD Decision

Legal Issues

  1. 1 Whether the RPD erred in assessing the principal appellant's credibility
  2. 2 Whether there is nexus between the feared harm and a Convention ground
  3. 3 Whether the appellants face a personalized risk under section 97 or only a generalized risk

Ratio Decidendi

RAD confirmed the RPD because the principal appellant's own testimony established that the gang targeted businessmen generally (not on an immutable or Convention ground such as nationality or ethnicity), removing nexus to a Convention ground and rendering any risk generalized rather than a personalized s.97 risk; credibility concerns (including failure to seek protection in the USA despite lawful status) further supported the RPD's conclusion.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to section 111(1)(a) of the IRPA the RAD confirms the decision of the RPD that the appellants are neither Convention refugees nor persons in need of protection