TB9-32456

TB9-32456

The appeals are dismissed because the RPD correctly found the appellants' fear arose from criminal gang vendetta rather than a Convention-ground persecution, no sufficient nexus to a Convention ground was established, the incidents cited did not demonstrate a serious possibility of future persecution, discrimination...

Source-derived case information.

Citation
TB9-32456
Parties
Appellant: XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 January 2021
Procedural Posture
Refugee Appeal (rad) / Reasons for Decision / Disposition
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Convention Refugee Definition, Particular Social Group, Nexus to Convention Grounds, Risk Assessment, Statelessness, Ethnic Discrimination (haitian), Compelling Reasons Exception
Source Language
en
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Definition Particular Social Group Nexus to Convention Grounds Risk Assessment +3 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Appeal (rad) / Reasons for Decision / Disposition

  1. 1 Whether appellants qualify as Convention refugees
  2. 2 Whether family membership of gang members constitutes a particular social group
  3. 3 Whether appellants established nexus between harm and a Convention ground

Ratio Decidendi

The appeals are dismissed because the RPD correctly found the appellants' fear arose from criminal gang vendetta rather than a Convention-ground persecution, no sufficient nexus to a Convention ground was established, the incidents cited did not demonstrate a serious possibility of future persecution, discrimination against persons of Haitian descent did not amount to persecution for these appellants, and the compelling reasons exception was not met.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division affirmed: appellants are neither Convention refugees nor persons in need of protection