MB9-11983

MB9-11983

The RAD affirms the RPD: the female appellant's credibility was properly undermined by material omissions, inconsistencies, evasive testimony and unreliable documents, she failed to prove on a balance of probabilities a prospective risk in Haiti or a serious possibility of gender-based persecution, and the minor failed to establish a risk in the United States under s.97 IRPA; therefore the appeal is dismissed.

Citation
MB9-11983
Parties
Female Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons and Decision (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Prospective Risk, Gender Related Persecution, Particular Social Group, State Protection, Documentary Evidence, Failure to Seek Protection Elsewhere, Standard of Review: Correctness
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Prospective Risk Gender Related Persecution Particular Social Group +4 more

Case Brief

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Parties

XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons and Decision (appeal Dismissed)

Legal Issues

  1. 1 Whether the female appellant was a credible witness
  2. 2 Whether the female appellant demonstrated a prospective risk of persecution or risk to life in Haiti under s.97 IRPA
  3. 3 Whether the female appellant established a serious possibility of gender-related persecution as a member of the particular social group of women

Ratio Decidendi

The RAD affirms the RPD: the female appellant's credibility was properly undermined by material omissions, inconsistencies, evasive testimony and unreliable documents, she failed to prove on a balance of probabilities a prospective risk in Haiti or a serious possibility of gender-based persecution, and the minor failed to establish a risk in the United States under s.97 IRPA; therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; XXXX XXXX and XXXX XXXX XXXX are neither Convention refugees under section 96 of the IRPA nor persons in need of protection under section 97 of the IRPA