MC0-09590

MC0-09590

The RPD correctly applied s.97 IRPA: appellants failed to prove on a balance of probabilities that agents of harm have the present will or capacity to continue targeting them and the risk they face is generalized to Mexicans and thus excluded by s.97(1)(b)(ii); therefore they are not persons in need of protection.

Citation
MC0-09590
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2021
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Section 97 IRPA Prospective Risk, Generalized Risk Exception S.97(1)(b)(ii), Nexus to Convention Grounds, Risk to Minors
Source Language
English
Immigration Law Refugee Law Administrative Law Section 97 IRPA Prospective Risk Generalized Risk Exception S.97(1)(b)(ii) Nexus to Convention Grounds Risk to Minors

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants face a prospective risk of persecution or harm from identified agents of harm if returned to Mexico
  2. 2 Whether the risk asserted is a generalized risk excluded by s.97(1)(b)(ii)
  3. 3 Whether the Refugee Protection Division misinterpreted or misapplied s.97 IRPA

Ratio Decidendi

The RPD correctly applied s.97 IRPA: appellants failed to prove on a balance of probabilities that agents of harm have the present will or capacity to continue targeting them and the risk they face is generalized to Mexicans and thus excluded by s.97(1)(b)(ii); therefore they are not persons in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Under paragraph 111(1)(a) IRPA the RAD confirms the RPD determination that the appellants are not Convention refugees or persons in need of protection
  • Appeal dismissed