MB9-00728

MB9-00728

The RAD confirmed the RPD's conclusions that the new evidence was inadmissible under subsection 110(4) IRPA and that the appellants failed to establish a serious possibility of persecution under section 96 or a balance of probabilities risk under section 97 because the threats were tied to an inheritance/financial dispute that could be resolved by relinquishing claims and no nexus to a Convention ground was established for the associate appellants.

Citation
MB9-00728
Parties
Principal Appellant: XXXX XXXX; Associate Appellant Spouse: XXXX XXXX; Associate Appellant Child: XXXX XXXX; Associate Appellant Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 October 2019
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Refugee Protection, Admissibility of New Evidence, Convention Refugee, Particular Social Group, Risk Assessment, Section 96 IRPA, Section 97 IRPA, Oral Hearing Request
Source Language
English
Immigration Law Refugee Law Refugee Protection Admissibility of New Evidence Convention Refugee Particular Social Group Risk Assessment Section 96 IRPA +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant Spouse

XXXX XXXX

Associate Appellant Child

XXXX XXXX XXXX

Associate Appellant Child

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether new evidence (medical report, housing application, affidavit) is admissible under subsection 110(4) IRPA
  2. 2 Whether appellants face a risk of persecution or cruel and unusual treatment on return to Algeria under section 96 or 97 IRPA
  3. 3 Whether the associate appellants, including children, have nexus to a Convention ground as members of a particular social group (the family)

Ratio Decidendi

The RAD confirmed the RPD's conclusions that the new evidence was inadmissible under subsection 110(4) IRPA and that the appellants failed to establish a serious possibility of persecution under section 96 or a balance of probabilities risk under section 97 because the threats were tied to an inheritance/financial dispute that could be resolved by relinquishing claims and no nexus to a Convention ground was established for the associate appellants.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed and RPD decision confirmed
  • New evidence (medical report, housing application, affidavit) not admitted under subsection 110(4) IRPA