MB8-26238

MB8-26238

The RAD dismissed the appeal because the Principal Appellant was found not credible on central facts underpinning the claim; she failed to establish, on a balance of probabilities, that she was threatened or attacked in Haiti, and no error was shown in the RPD's credibility assessment, therefore the RPD decision denying refugee protection under s.111(1)(a) IRPA was confirmed.

Citation
MB8-26238
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 June 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division Under the Immigration and Refugee Protection Act / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination, Protection Claims, Failure to Seek Asylum in Transit Countries
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Protection Claims Failure to Seek Asylum in Transit Countries

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division Under the Immigration and Refugee Protection Act / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Credibility of Principal Appellant on alleged murder, threats and attacks in Haiti
  2. 2 Whether failure to seek asylum in Brazil or the United States undermines claim
  3. 3 Whether any risk to the minor in Brazil was established

Ratio Decidendi

The RAD dismissed the appeal because the Principal Appellant was found not credible on central facts underpinning the claim; she failed to establish, on a balance of probabilities, that she was threatened or attacked in Haiti, and no error was shown in the RPD's credibility assessment, therefore the RPD decision denying refugee protection under s.111(1)(a) IRPA was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Dismissal of the appeal
  • Decision of the Refugee Protection Division dated November 5, 2018 confirmed that the Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act