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Canada decisions
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Judicial review of a negative PRRA was dismissed. The Court held the officer reasonably required personalized, forward-looking evidence and properly weighed the record.
The Federal Court dismissed a judicial review of a refused PRRA, finding the officer’s credibility concerns, documentary doubts, and risk analysis were reasonable.
The Federal Court dismissed judicial review of a Refugee Appeal Division decision, finding Tlaxcala a viable internal flight alternative for the Applicants.
The Federal Court allowed judicial review of a PRRA refusal, finding the officer unreasonably assessed evidence about alleged risk arising from the applicant’s refusal to share research data with SADRA.
Although the Appellant was properly found to be a genuine Hoa Hao practitioner on the balance of probabilities and his post‑decision evidence was admitted, his unexplained almost two‑year delay in claiming in Canada undermined his fear narrative and the objective country evidence establishes that recognized Hoa Hao who practice privately and avoid political activity face low risk; therefore there is not a serious possibility of persecution nor a personal risk of torture or cruel and unusual treatment, and the RPD decision is confirmed.
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The appeal is dismissed because the RPD reasonably found credibility deficiencies and, on the balance of probabilities, appellants failed to establish that the ex-husband or police are motivated and able to pursue them such that relocation to Delhi or Chandigarh would expose them to a serious possibility of persecution or risk of torture or death; both prongs of the IFA test were satisfied.
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Although the Appellant is accepted as a genuine Hoa Hao practitioner, the objective evidence shows Hoa Hao is a recognized religion and that adherents who practise privately and are not politically active—particularly in urban areas—generally do not face persecution; therefore there is no serious possibility of persecution nor risk of torture, and the proffered Harper letter is irrelevant and inadmissible, warranting dismissal of the appeal.
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The appeal is dismissed because on an independent assessment the PSB summons is likely inauthentic or, alternatively, the lack of follow-up indicates no ongoing suspicion; the Appellant's testimony contains material inconsistencies and omissions undermining credibility; there is insufficient credible evidence that he is perceived as a Falun Gong practitioner or associate; consequently he does not face a serious possibility of persecution or personal risk of torture or cruel and unusual treatment on a Convention ground and is not a person in need of protection.
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The RPD did not err: on the balance of probabilities there is no serious possibility the appellants would be persecuted in Campeche or Mérida given absence of threats or incidents over more than two years and lack of motive for the cartel to pursue them; moreover, it would not be unreasonable for them to settle there (employment, language and education available). Therefore the IFA exists and the RPD's refusal of refugee protection was correct.
Source excerpt
The principal claimant and two minor female claimants established nexus to a particular social group (women/children fearing gender-based persecution) and a serious possibility of persecution from motivated in-laws seeking to subject them to FGM; state protection and an internal flight alternative were not reasonably available; accordingly they are Convention refugees under s.96 IRPA. The associate claimant and minor male claimant demonstrated a personal risk to life or risk of cruel and unusual treatment or torture on return and are persons in need of protection under s.97(1) IRPA.
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