MB8-26502

MB8-26502

The RAD concluded the RPD erred in its adverse credibility findings regarding the adult appellants, accepted their testimony and documentary evidence as having probative value, found no adequate state protection nor a reasonable internal flight alternative in Haiti, and therefore set aside the RPD decision and found the adult appellants to be Convention refugees under s.96 IRPA; the minor appellant's claim was dismissed because he failed to establish fear in his country of citizenship (United States).

Citation
MB8-26502
Parties
Appellant (male): XXXX XXXX; Appellant (female): XXXX XXXX; Appellant (minor): XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 September 2019
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision on Appeal
Outcome
Appeal allowed in part: RPD decision set aside for adult appellants and substituted with finding they are Convention refugees; minor appellant's claim dismissed.
Legal Topics
Convention Refugee Determination, Credibility Assessment, Admissibility of New Evidence (s.110(4) Irpa), State Protection, Internal Flight Alternative, Probative Value of Documentary Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Credibility Assessment Admissibility of New Evidence (s.110(4) Irpa) State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX

Appellant (male)

XXXX XXXX

Appellant (female)

XXXX XXXX XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellants' credibility
  2. 2 Whether failure to claim asylum in an intermediary country (United States) undermines the claim
  3. 3 Whether documentary corroboration was reasonably required and admissible on appeal

Ratio Decidendi

The RAD concluded the RPD erred in its adverse credibility findings regarding the adult appellants, accepted their testimony and documentary evidence as having probative value, found no adequate state protection nor a reasonable internal flight alternative in Haiti, and therefore set aside the RPD decision and found the adult appellants to be Convention refugees under s.96 IRPA; the minor appellant's claim was dismissed because he failed to establish fear in his country of citizenship (United States).

Court Disposition

Appeal allowed in part: RPD decision set aside for adult appellants and substituted with finding they are Convention refugees; minor appellant's claim dismissed.

Orders

  • Set aside the Refugee Protection Division determination insofar as it related to the adult appellants and substitute the determination that XXXX XXXX and XXXX XXXX are Convention refugees under section 96 of the IRPA
  • Confirm the Refugee Protection Division determination that XXXX XXXX XXXX XXXX XXXX (the minor appellant) is neither a refugee under section 96 nor a person in need of protection under subsection 97(1) of the IRPA