TC2-19524

TC2-19524

Appellant failed to rebut the presumption of state protection in Jordan with clear and convincing evidence; although the RPD did not fully analyse operational adequacy, on independent assessment Jordan provides operationally adequate protection in the circumstances and the appeal is dismissed.

Source-derived case information.

Citation
TC2-19524
Parties
Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister (Government of Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 November 2022
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Following RPD Decision; New Evidence Considered Under S.110(4) IRPA
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Burden of Proof, New Evidence Admissibility, Operational Adequacy of Protection, Convention Refugee Determination, Credibility, Discrimination (palestinian Descent)
Source Language
en
Immigration Law Refugee Law Administrative Law Human Rights State Protection Burden of Proof New Evidence Admissibility Operational Adequacy of Protection +3 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Appellant

Minister (Government of Canada)

Respondent

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division Following RPD Decision; New Evidence Considered Under S.110(4) IRPA

  1. 1 Whether the Appellant is a Convention refugee or person in need of protection
  2. 2 Whether the presumption of state protection in Jordan was rebutted with clear and convincing evidence
  3. 3 Admissibility and weight of new evidence under s.110(4) IRPA and Raza/Singh factors

Ratio Decidendi

Appellant failed to rebut the presumption of state protection in Jordan with clear and convincing evidence; although the RPD did not fully analyse operational adequacy, on independent assessment Jordan provides operationally adequate protection in the circumstances and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the Appellant is neither a Convention refugee nor a person in need of protection