MB7-24680

MB7-24680

The RAD confirmed the RPD because the appellant failed to prove a nexus between the May 2014 armed robbery and persecution by jealous neighbours; the incident was an opportunistic, financially motivated crime constituting a generalized risk faced by Haitians generally, not a personalized risk under sections 96 or 97 of IRPA; consequently the claim fails and the appeal is dismissed.

Citation
MB7-24680
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 October 2018
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Personalized Risk Vs Generalized Risk, Credibility Assessment, Nexus to Protected Ground, Standard of Review and Deference, Oral Hearing Jurisdiction
Source Language
English
Immigration Law Refugee Law Personalized Risk Vs Generalized Risk Credibility Assessment Nexus to Protected Ground Standard of Review and Deference Oral Hearing Jurisdiction

Case Brief

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether appellant is a Convention refugee or person in need of protection under IRPA
  2. 2 Whether the armed robbery was a personalized risk connected to persecutory actors or a generalized criminal risk
  3. 3 Whether the RPD erred in credibility/findings of fact and whether RAD should defer

Ratio Decidendi

The RAD confirmed the RPD because the appellant failed to prove a nexus between the May 2014 armed robbery and persecution by jealous neighbours; the incident was an opportunistic, financially motivated crime constituting a generalized risk faced by Haitians generally, not a personalized risk under sections 96 or 97 of IRPA; consequently the claim fails and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed.
  • RPD determination that appellant is not a Convention refugee or person in need of protection under IRPA confirmed.