TB5-09250

TB5-09250

After independent assessment the RAD found insufficient credible evidence of nexus between the appellant's risk and any Convention ground, the risk was generalized criminality and not persecution, and the absence of necessary corroboration and supporting country evidence justified confirming the RPD decision; appeal...

Source-derived case information.

Citation
TB5-09250
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 November 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Following RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Nexus to Convention Grounds, Generalized Risk, Corroboration, Standard of Review
Source Language
english
Immigration Law Refugee Law Administrative Law Convention Refugee Nexus to Convention Grounds Generalized Risk Corroboration Standard of Review

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Following RPD Decision

Legal Issues

  1. 1 Whether the appellants are Convention refugees or persons in need of protection
  2. 2 Whether there is nexus between the alleged harm and a Convention ground (race, ethnicity, political opinion, membership in a particular social group)
  3. 3 Whether the risk is individualized or generalized/criminality

Ratio Decidendi

After independent assessment the RAD found insufficient credible evidence of nexus between the appellant's risk and any Convention ground, the risk was generalized criminality and not persecution, and the absence of necessary corroboration and supporting country evidence justified confirming the RPD decision; appeal dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act