MC5-07139

MC5-07139

The appeal is dismissed because the Appellants failed to prove a well-founded fear of persecution; the alleged supporting letter was not part of the RPD record and does not meet IRPA s.110(4) for admission as new evidence; the record and country evidence do not show that family members of a low-profile claimant would be targeted, so the RPD decision stands.

Citation
MC5-07139
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 July 2025
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision Issued)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Well Founded Fear of Persecution, Family Based Risk, Admissibility of New Evidence, Procedural Fairness, Country Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Well Founded Fear of Persecution Family Based Risk Admissibility of New Evidence Procedural Fairness Country Evidence

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (reasons and Decision Issued)

Legal Issues

  1. 1 Whether the Appellants have a well-founded fear of persecution as family members of an accepted claimant
  2. 2 Whether a support letter from the PA's father (JN) is admissible as new evidence under IRPA s.110(4)
  3. 3 Whether the RPD erred in its assessment of country evidence and risk to low-profile family members

Ratio Decidendi

The appeal is dismissed because the Appellants failed to prove a well-founded fear of persecution; the alleged supporting letter was not part of the RPD record and does not meet IRPA s.110(4) for admission as new evidence; the record and country evidence do not show that family members of a low-profile claimant would be targeted, so the RPD decision stands.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division dated February 14, 2025 confirmed