TB3-04758

TB3-04758

The RAD confirmed the RPD because the RPD reasonably found the Appellant lacked credible subjective fear based on his travel history and conduct, and the Appellant failed to rebut the presumption of state protection in Russia; those findings fall within a range of reasonable outcomes and dispose of the claim.

Source-derived case information.

Citation
TB3-04758
Parties
Appellant: XXXXX XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 October 2013
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, State Protection, Subjective Fear, Nexus to Convention Grounds, Standard of Review, Mental Illness and Medication, Sojourning and Re‑availment, Corruption and Police Misconduct
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment State Protection Subjective Fear Nexus to Convention Grounds Standard of Review +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 1
Sign in to unlock

Parties

XXXXX XXXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; Decision on Appeal

Legal Issues

  1. 1 Whether the RPD reasonably assessed the Appellant's credibility and subjective fear
  2. 2 Whether the Appellant rebutted the presumption of state protection in Russia
  3. 3 Whether there is nexus between the alleged harm and a Convention ground

Ratio Decidendi

The RAD confirmed the RPD because the RPD reasonably found the Appellant lacked credible subjective fear based on his travel history and conduct, and the Appellant failed to rebut the presumption of state protection in Russia; those findings fall within a range of reasonable outcomes and dispose of the claim.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD determination confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act