TB7-06463

TB7-06463

The RAD confirmed the RPD because the appellants failed to provide clear and convincing evidence that Ireland was unwilling or unable to provide reasonable protection; documentary and testimonial evidence showed police investigated the incidents and Ireland is a functioning democracy, so the presumption of state protection was not rebutted.

Citation
TB7-06463
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 September 2017
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From RPD Decision Rejecting Refugee Protection Claims
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees nor persons in need of protection
Legal Topics
State Protection, Burden of Proof, Convention Refugee, Persons in Need of Protection, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law State Protection Burden of Proof Convention Refugee Persons in Need of Protection Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From RPD Decision Rejecting Refugee Protection Claims

Legal Issues

  1. 1 Whether appellants rebutted the presumption of state protection
  2. 2 Whether appellants qualify as Convention refugees or persons in need of protection
  3. 3 Appropriate standard of proof to show state unwillingness or inability to protect

Ratio Decidendi

The RAD confirmed the RPD because the appellants failed to provide clear and convincing evidence that Ireland was unwilling or unable to provide reasonable protection; documentary and testimonial evidence showed police investigated the incidents and Ireland is a functioning democracy, so the presumption of state protection was not rebutted.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are not Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act, RAD confirms the determination of the RPD that the appellants are not Convention refugees nor persons in need of protection