MC1-03924

MC1-03924

RAD confirms RPD: claimant failed to establish nexus to Convention grounds and failed, on balance of probabilities, to identify agents of harm and rebut presumption of state protection given material inconsistencies and available recent country evidence; therefore appellants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of IRPA and appeals are dismissed pursuant to s.111(1)(a).

Citation
MC1-03924
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 December 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Reasons and Decision by Refugee Appeal Division
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
State Protection, Credibility Assessment, Particular Social Group, Blood Feud, Nexus to Convention Grounds, RAD Procedural Rules, Oral Hearing
Source Language
English
Immigration Refugee Protection Administrative Law State Protection Credibility Assessment Particular Social Group Blood Feud Nexus to Convention Grounds +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Reasons and Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether there is nexus to Convention grounds (membership of particular social group)
  2. 2 Whether claimant established identity of agents of harm and was credible
  3. 3 Whether the presumption of state protection was rebutted

Ratio Decidendi

RAD confirms RPD: claimant failed to establish nexus to Convention grounds and failed, on balance of probabilities, to identify agents of harm and rebut presumption of state protection given material inconsistencies and available recent country evidence; therefore appellants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of IRPA and appeals are dismissed pursuant to s.111(1)(a).

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed pursuant to paragraph 111(1)(a) of the IRPA
  • PA's designation for his minor son XXXX XXXX is confirmed