MC0-04072

MC0-04072

The RPD's adverse credibility findings—based on multiple contradictions between the applicants' written account, oral testimony and supporting documents and the lack of probative value of corroborative documents—were reasonable; the appellants failed to establish a personalized risk distinct from generalized criminality in Haiti or a serious possibility of persecution as women, therefore the RAD dismisses the appeal and confirms the RPD's determination under paragraph 111(1)(a) IRPA.

Citation
MC0-04072
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX; Associate Appellant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Reasons)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are not Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Generalized Vs. Personalized Risk (s.97 Irpa), Gender Based Persecution, Standard of Review, Oral Hearing on Appeal
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Assessment Generalized Vs. Personalized Risk (s.97 Irpa) Gender Based Persecution Standard of Review Oral Hearing on Appeal

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (minor)

XXXX XXXX XXXX XXXX

Associate Appellant (minor)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Reasons)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in assessing the appellants' credibility
  2. 2 Whether the appellants face a personalized risk distinct from generalized criminality in Haiti under s.97 IRPA
  3. 3 Whether the principal appellant and her daughter face a serious possibility of persecution as Haitian women

Ratio Decidendi

The RPD's adverse credibility findings—based on multiple contradictions between the applicants' written account, oral testimony and supporting documents and the lack of probative value of corroborative documents—were reasonable; the appellants failed to establish a personalized risk distinct from generalized criminality in Haiti or a serious possibility of persecution as women, therefore the RAD dismisses the appeal and confirms the RPD's determination under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are not Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD determination confirmed pursuant to paragraph 111(1)(a) of the IRPA
  • No oral hearing to be held on appeal (no new evidence admitted)