MB9-11962

MB9-11962

The RAD allowed the appeal in part because, on a balance of probabilities and having considered explanations and corroborating evidence, the principal appellant, his spouse and their Haitian minor daughter are persons in need of protection due to a real risk to life and inadequate state protection; the minor born in the United States was correctly found not in need of protection.

Citation
MB9-11962
Parties
Principal Male Appellant: XXXX XXXX XXXX; Spouse (associate Appellant): XXXX XXXX XXXX; Minor Daughter (associate Appellant and Haitian Citizen): XXXX XXXX XXXX; Minor Daughter (associate Appellant and United States Citizen): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Decision)
Outcome
Appeal allowed in part: three appellants (principal, spouse, Haitian minor) are persons in need of protection; the minor born in the United States appeal dismissed.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Findings, State Protection, Internal Flight Alternative, Risk of Persecution, Torture, Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Findings State Protection Internal Flight Alternative +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Male Appellant

XXXX XXXX XXXX

Spouse (associate Appellant)

XXXX XXXX XXXX

Minor Daughter (associate Appellant and Haitian Citizen)

XXXX XXXX XXXX

Minor Daughter (associate Appellant and United States Citizen)

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether appellants proved on a balance of probabilities they face danger of torture, risk to life or cruel and unusual treatment if returned to Haiti
  2. 2 Whether RPD properly assessed credibility and documentary evidence
  3. 3 Whether state protection in Haiti is adequate

Ratio Decidendi

The RAD allowed the appeal in part because, on a balance of probabilities and having considered explanations and corroborating evidence, the principal appellant, his spouse and their Haitian minor daughter are persons in need of protection due to a real risk to life and inadequate state protection; the minor born in the United States was correctly found not in need of protection.

Court Disposition

Appeal allowed in part: three appellants (principal, spouse, Haitian minor) are persons in need of protection; the minor born in the United States appeal dismissed.

Orders

  • Set aside the RPD determination for XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX and substitute the determination that they are persons in need of protection.
  • Confirm the RPD determination that XXXX XXXX XXXX (minor born in the United States) is not a person in need of protection.