MB9-07503

MB9-07503

The appeal is dismissed because the RPD reasonably found the principal appellant not credible due to material omissions, inconsistencies and contradictions central to her protection claim, and therefore correctly concluded there was no serious possibility of persecution nor a balance of probabilities risk of torture, death or cruel and unusual treatment if returned to Haiti.

Citation
MB9-07503
Parties
Principal Appellant: XXXX XXXX XXXX; Associated Appellant Child: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 February 2020
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Risk of Persecution, Protection Claim
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Assessment Convention Refugee Determination Risk of Persecution Protection Claim

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associated Appellant Child

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Credibility of principal appellant
  2. 2 Whether the RPD erred in law or fact
  3. 3 Whether appellants meet definition of Convention refugee or are persons in need of protection

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found the principal appellant not credible due to material omissions, inconsistencies and contradictions central to her protection claim, and therefore correctly concluded there was no serious possibility of persecution nor a balance of probabilities risk of torture, death or cruel and unusual treatment if returned to Haiti.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed.
  • Refugee Protection Division decision confirmed: appellants are neither Convention refugees nor persons in need of protection.