TB9-25708

TB9-25708

The RAD confirmed the RPD: the principal appellant failed to rebut the presumption that Ireland can provide adequate state protection with clear and convincing evidence; authorities had responded to complaints and protection was adequate; therefore the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed.

Citation
TB9-25708
Parties
Principal Appellant: XXXX XXXX; Minor Appellants: XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 January 2021
Procedural Posture
Refugee Appeal / Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Convention Refugee Status, Exclusion Under Article 1 F, Admissibility of New Evidence, Standard of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Convention Refugee Status Exclusion Under Article 1 F Admissibility of New Evidence Standard of Proof

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX

Minor Appellants

Procedural Posture

Refugee Appeal / Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether the principal appellant rebutted the presumption of adequate state protection in Ireland with clear and convincing evidence
  2. 2 Whether discrimination experienced amounts to persecution
  3. 3 Admissibility and weight of new evidence from related Federal Court decisions

Ratio Decidendi

The RAD confirmed the RPD: the principal appellant failed to rebut the presumption that Ireland can provide adequate state protection with clear and convincing evidence; authorities had responded to complaints and protection was adequate; therefore the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The Refugee Appeal Division confirms the Refugee Protection Division decision and dismisses the appeal