TB8-33182

TB8-33182

The appeal is dismissed because the adult appellant is excluded from refugee protection under Article 1E by virtue of her Bahamian permanent residency substantially similar to nationals, and because pervasive credibility failings—including a likely fraudulent Tribunal Report, implausible omissions and inconsistencies—defeat any serious possibility of persecution in Haiti or the Bahamas; the minor's claim fails as it depends on the adult claimant's discredited allegations.

Citation
TB8-33182
Parties
Appellant (adult): XXXX XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 May 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal Confirming RPD Exclusion and Rejection of Protection Claims
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Article 1 E Exclusion, Credibility Assessment, Persecution Risk Assessment, Document Fraud, Gender Related Persecution Guidelines, Dependent Minor Claim
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Article 1 E Exclusion Credibility Assessment Persecution Risk Assessment Document Fraud +2 more

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Parties

XXXX XXXX XXXX XXXX

Appellant (adult)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal Confirming RPD Exclusion and Rejection of Protection Claims

Legal Issues

  1. 1 Whether the adult appellant is excluded from refugee protection under Article 1E due to permanent residence in the Bahamas
  2. 2 Whether the appellant's evidence is credible and establishes a serious possibility of persecution in Haiti or the Bahamas
  3. 3 Whether alleged corroborative documents (Tribunal Report) are authentic or fraudulent

Ratio Decidendi

The appeal is dismissed because the adult appellant is excluded from refugee protection under Article 1E by virtue of her Bahamian permanent residency substantially similar to nationals, and because pervasive credibility failings—including a likely fraudulent Tribunal Report, implausible omissions and inconsistencies—defeat any serious possibility of persecution in Haiti or the Bahamas; the minor's claim fails as it depends on the adult claimant's discredited allegations.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed