MB9-03710

MB9-03710

The appeal is allowed in part: the RAD finds the RPD erred in rejecting the associated appellant by failing to apply Guideline 4 and improperly discounting her evidence and supporting documents, and substitutes a decision that she is a Convention refugee as a woman survivor of sexual violence; the RAD upholds the RPD's credibility‑based rejection of the principal appellant and the determination regarding the minor appellant.

Citation
MB9-03710
Parties
Principal Appellant: XXXX XXXX XXXX; Associated Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 January 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal
Outcome
Appeal allowed in part
Legal Topics
Credibility Assessment, Gender Based Persecution, Rape Trauma Syndrome, State Protection, Particular Social Group
Source Language
English
Immigration Law Refugee Law International Human Rights Law Credibility Assessment Gender Based Persecution Rape Trauma Syndrome State Protection Particular Social Group

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associated Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD breached principles of natural justice by having appellants testify separately
  2. 2 Whether the principal appellant was credible and thus a Convention refugee or person in need of protection
  3. 3 Whether the associated appellant, a survivor of sexual violence, faces a serious possibility of persecution as a member of the particular social group of Haitian women

Ratio Decidendi

The appeal is allowed in part: the RAD finds the RPD erred in rejecting the associated appellant by failing to apply Guideline 4 and improperly discounting her evidence and supporting documents, and substitutes a decision that she is a Convention refugee as a woman survivor of sexual violence; the RAD upholds the RPD's credibility‑based rejection of the principal appellant and the determination regarding the minor appellant.

Court Disposition

Appeal allowed in part

Orders

  • Set aside the RPD determination in respect of the associated appellant and substitute a finding that she is a Convention refugee
  • Confirm and dismiss the appeals in respect of the principal appellant and the minor appellant