[2013] 4 F.C.R. D-1
Citizenship and Immigration
Status in Canada
Convention Refugees and Persons in Need of Protection
Judicial review of Immigration and Refugee Board Refugee Protection Division (RPD) decision applicant not Convention refugee or person in need of protection under Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), ss. 96, 97—Applicant, citizen of Lebanon, fearing persecution, inter alia, because of brother’s involvement with Israeli Institute for Intelligence and Special Operations (Mossad)—Claiming protection in Canada following unsuccessful refugee claim in United States—RPD rejecting claim on basis of credibility—Issue herein whether RPD required to conduct separate IRPA, s. 96 analysis— While tests for IRPA, ss. 96, 97 differing, both requiring that applicant provide evidence establishing, on balance of probabilities, factual basis for claim—RPD finding not probable that applicant would suffer harm as result of brother’s activities—While this finding made in context of IRPA, s. 97 analysis, also meaning that applicant not able to meet standard of proof required in IRPA, s. 96 analysis—RPD thus not having to engage in further or separate s. 96 analysis—Application dismissed.
El Achkar v. Canada (Citizenship and Immigration) (IMM-5768-12, 2013 FC 472, Strickland J., judgment dated May 6, 2013, 21 pp.)