VB9-03769

VB9-03769

Appellant failed to prove, on the required balance of probabilities, that he is a genuine conscientious objector and failed to show that conscription would require him to participate in military acts condemned by the international community; independently, the objective country evidence did not establish a likelihood of torture, risk to life, or cruel and unusual treatment if imprisoned in Armenia under s.97(1) IRPA; therefore the RPD's decision to deny refugee protection is confirmed and the appeal dismissed.

Citation
VB9-03769
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2020
Procedural Posture
Refugee Appeal of RPD Decision / Decision on Appeal
Outcome
Appeal dismissed; decision of the Refugee Protection Division upheld
Legal Topics
Conscientious Objection, Mandatory Military Service, Prison Conditions, Convention Refugee Determination, Risk Under Subsection 97(1) IRPA
Source Language
English
Immigration Law Refugee Law Human Rights Law Conscientious Objection Mandatory Military Service Prison Conditions Convention Refugee Determination Risk Under Subsection 97(1) IRPA

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal of RPD Decision / Decision on Appeal

Legal Issues

  1. 1 Whether appellant is a Convention refugee as a conscientious objector
  2. 2 Whether appellant would face a likelihood of torture, risk to life, or cruel and unusual punishment under s.97(1) IRPA if imprisoned in Armenia
  3. 3 Whether RPD properly considered and analysed country evidence

Ratio Decidendi

Appellant failed to prove, on the required balance of probabilities, that he is a genuine conscientious objector and failed to show that conscription would require him to participate in military acts condemned by the international community; independently, the objective country evidence did not establish a likelihood of torture, risk to life, or cruel and unusual treatment if imprisoned in Armenia under s.97(1) IRPA; therefore the RPD's decision to deny refugee protection is confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division upheld