MB7-25017

MB7-25017

The appeal was dismissed because the appellants failed to demonstrate a sufficient link between past instances of targeting and a present, reasonable fear of persecution or a current risk to life or risk of cruel or unusual treatment on return to Haiti; generalized country evidence about acts of revenge does not replace the appellants' burden to show the risk persists.

Citation
MB7-25017
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX; Appellant (minor Child): XXXX XXXX XXXX XXXX; Appellant (minor Child): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 August 2018
Procedural Posture
Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division — Decision Rendered Confirming RPD Determination
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Convention Refugee Status, Person in Need of Protection, Credibility Assessment, Burden of Proof, Temporal Link Between Past Persecution and Current Risk, Acts of Revenge
Source Language
English
Immigration Law Refugee Protection Law Convention Refugee Status Person in Need of Protection Credibility Assessment Burden of Proof Temporal Link Between Past Persecution and Current Risk Acts of Revenge

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Appellant (spouse)

XXXX XXXX XXXX XXXX

Appellant (minor Child)

XXXX XXXX

Appellant (minor Child)

Procedural Posture

Refugee Appeal Under IRPA / Appeal to Refugee Appeal Division — Decision Rendered Confirming RPD Determination

Legal Issues

  1. 1 Whether past incidents of targeting or violence establish a current reasonable fear of persecution on return to Haiti
  2. 2 Whether the RPD erred in its credibility findings
  3. 3 Whether the standard of review and burden of proof require the RAD to infer continued risk from documentary country evidence

Ratio Decidendi

The appeal was dismissed because the appellants failed to demonstrate a sufficient link between past instances of targeting and a present, reasonable fear of persecution or a current risk to life or risk of cruel or unusual treatment on return to Haiti; generalized country evidence about acts of revenge does not replace the appellants' burden to show the risk persists.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • The RAD dismisses the appeals
  • The RPD determination that the appellants are neither Convention refugees under section 96 of the IRPA nor persons in need of protection under section 97 of the IRPA is confirmed