MB7-07769

MB7-07769

The principal claimant's claim is rejected because material contradictions and omissions regarding the timing and nature of threats, statements at the border and in original BOCs, and lack of corroboration render him not credible and he failed to prove persecution on a Convention ground; the associated claimant's claim is accepted because her particular circumstances (limited Creole, strong American accent, long absence, lack of ties) establish a nexus to perceived US nationality, state protection is lacking and no reasonable internal flight alternative exists; the minor claimant's claim is rejected because family separation is not a basis for protection and it is not established she...

Citation
MB7-07769
Parties
Principal Claimant: XXXX XXXX; Associated Claimant (spouse): XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 August 2018
Procedural Posture
Refugee Protection Claim Under IRPA / RPD Hearing and Decision (reasons and Decision)
Outcome
Associated claimant accepted as Convention refugee; principal claimant and minor claimant rejected.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution Based on Perceived Nationality, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Based on Perceived Nationality State Protection +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Associated Claimant (spouse)

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / RPD Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the principal claimant faces persecution in Haiti by Lavalas
  2. 2 Whether the associated claimant faces persecution in Haiti on basis of perceived American nationality
  3. 3 Whether the minor claimant faces persecution or risk in the United States

Ratio Decidendi

The principal claimant's claim is rejected because material contradictions and omissions regarding the timing and nature of threats, statements at the border and in original BOCs, and lack of corroboration render him not credible and he failed to prove persecution on a Convention ground; the associated claimant's claim is accepted because her particular circumstances (limited Creole, strong American accent, long absence, lack of ties) establish a nexus to perceived US nationality, state protection is lacking and no reasonable internal flight alternative exists; the minor claimant's claim is rejected because family separation is not a basis for protection and it is not established she...

Court Disposition

Associated claimant accepted as Convention refugee; principal claimant and minor claimant rejected.

Orders

  • Accept claim of XXXX XXXX XXXX XXXX as a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
  • Reject claim of XXXX XXXX pursuant to section 96 and section 97(1) of the Immigration and Refugee Protection Act.