MC1-04814

MC1-04814

The appeals are dismissed because the Appellants did not establish a material breach of procedural fairness nor that former counsel's negligence caused a miscarriage of justice, Rwanda is a valid country of reference, and the Appellants failed to prove a forward‑looking risk of persecution or s97 harm in Kenya sufficient to meet the refugee or protection definitions.

Citation
MC1-04814
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Female Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 February 2022
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeals dismissed and RPD decision confirmed
Legal Topics
Procedural Fairness, Inadequate Representation, New Evidence Admissibility, Country of Reference, Risk of Persecution, S96 and S97 Harm
Source Language
English
Immigration Law Refugee Law Administrative Law Nationality Law Procedural Fairness Inadequate Representation New Evidence Admissibility Country of Reference +2 more

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Female Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether Appellants were denied procedural fairness
  2. 2 Whether former counsel's conduct amounted to incompetence causing a miscarriage of justice
  3. 3 Admissibility of new evidence on appeal

Ratio Decidendi

The appeals are dismissed because the Appellants did not establish a material breach of procedural fairness nor that former counsel's negligence caused a miscarriage of justice, Rwanda is a valid country of reference, and the Appellants failed to prove a forward‑looking risk of persecution or s97 harm in Kenya sufficient to meet the refugee or protection definitions.

Court Disposition

Appeals dismissed and RPD decision confirmed

Orders

  • Appeals dismissed and Refugee Protection Division decision confirmed