MB9-05589

MB9-05589

The RPD made reversible factual findings by treating absence of contact while appellants were abroad and proximity of family as negating prospective risk; on the evidence the aggressors are likely to pursue the Principal Appellant on return and state protection is inadequate across Haiti, so the Principal Appellant and her two eldest children face a serious possibility of persecution and are Convention refugees; the youngest child is not at risk and the RPD decision for him is confirmed.

Citation
MB9-05589
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Child (eldest): XXXX XXXX XXXX; Appellant Child (second Eldest): XXXX XXXX XXXX; Respondent Minister: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 October 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Final Decision on Appeal
Outcome
Appeal allowed in part: Principal Appellant and two eldest children declared Convention refugees; appeal dismissed for youngest child.
Legal Topics
Convention Refugee, Risk Assessment, State Protection, Internal Flight Alternative, Credibility Assessment, Gender Related Persecution, Family Unity
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Convention Refugee Risk Assessment State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Child (eldest)

XXXX XXXX XXXX

Appellant Child (second Eldest)

Minister of Immigration

Respondent Minister

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Final Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in assessing prospective risk of persecution to the Principal Appellant and her two eldest children
  2. 2 Whether adequate state protection or internal flight alternative exists in Haiti
  3. 3 Whether the RPD breached principles of natural justice or failed in transparency in its credibility assessment

Ratio Decidendi

The RPD made reversible factual findings by treating absence of contact while appellants were abroad and proximity of family as negating prospective risk; on the evidence the aggressors are likely to pursue the Principal Appellant on return and state protection is inadequate across Haiti, so the Principal Appellant and her two eldest children face a serious possibility of persecution and are Convention refugees; the youngest child is not at risk and the RPD decision for him is confirmed.

Court Disposition

Appeal allowed in part: Principal Appellant and two eldest children declared Convention refugees; appeal dismissed for youngest child.

Orders

  • Set aside the determination of the RPD and substitute the RAD's determination that the Principal Appellant and her two eldest children are Convention refugees pursuant to s.111(1)(b) IRPA.
  • Dismiss the appeal and confirm the RPD decision with respect to the youngest child; he is neither a Convention refugee nor a person in need of protection pursuant to s.111(1)(a) IRPA.