The applicants, a family of eight, sought judicial review of a Refugee Appeal Division (RAD) decision denying their refugee protection claim.
The principal applicant, a citizen of Guatemala, alleged a fear of persecution from the MS-13 gang because he refused to join them between 1999 and 2003.
The RAD found the applicant credible regarding past events but concluded he failed to establish a prospective personal risk if returned to Guatemala, noting a lack of evidence of continued interest by MS-13 fifteen years after his departure.
The Federal Court held the RAD's assessment was reasonable, as the applicant could not establish a causal link between his past refusal and the subsequent deaths of his uncles or alleged kidnappings.
The application for judicial review was dismissed.
