MA7-09525

MA7-09525

The principal claimant was found credible and established a subjective fear of rape; documentary evidence demonstrated endemic and systemic sexual violence against women in Haiti and insufficient state protection; women constitute a particular social group and rape in these circumstances amounts to persecution, therefore she meets the definition of a Convention refugee under section 96 of the Act.

Citation
MA7-09525
Parties
Principal Claimant: XXXXX XXXXX; Minor Claimant (daughter): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 February 2010
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Refugee Protection Division Hearing and Decision
Outcome
Principal claimant accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act; minor daughter's claim rejected
Legal Topics
Gender Related Persecution, Particular Social Group (women), State Protection, Credibility Assessment, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Human Rights Gender Based Violence Gender Related Persecution Particular Social Group (women) State Protection Credibility Assessment +1 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Refugee Protection Division Hearing and Decision

Legal Issues

  1. 1 Whether claimant has established subjective fear of persecution (rape)
  2. 2 Whether there is an objective basis for the fear given country conditions in Haiti
  3. 3 Whether claimant qualifies as a member of a particular social group (women)

Ratio Decidendi

The principal claimant was found credible and established a subjective fear of rape; documentary evidence demonstrated endemic and systemic sexual violence against women in Haiti and insufficient state protection; women constitute a particular social group and rape in these circumstances amounts to persecution, therefore she meets the definition of a Convention refugee under section 96 of the Act.

Court Disposition

Principal claimant accepted as a Convention refugee under section 96 of the Immigration and Refugee Protection Act; minor daughter's claim rejected

Orders

  • Principal claimant XXXXX XXXXX granted refugee protection under section 96 of the Immigration and Refugee Protection Act.
  • Claim of minor daughter XXXXX XXXXX rejected for lack of evidence of a well-founded fear in the country of her citizenship.