MB8-13444

MB8-13444

Even if the appellant's factual allegations were accepted, she failed to prove on a balance of probabilities that she would face persecution, torture, or cruel and unusual treatment in Cap-Haitien; no evidence shows her attackers remain interested or have means to find her after nine years, so an internal flight alternative exists and the RPD decision is confirmed.

Citation
MB8-13444
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 July 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Decision (rad)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Internal Flight Alternative, Credibility Assessment, Persecution, Gender Based Persecution, Exclusion (article 1 E), Burden of Proof, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Persecution Gender Based Persecution Exclusion (article 1 E) +2 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant is credible
  2. 2 Whether there is an internal flight alternative (IFA) in Cap-Haitien
  3. 3 Whether the appellant faces a forward-looking risk of persecution under ss.96 and 97 IRPA

Ratio Decidendi

Even if the appellant's factual allegations were accepted, she failed to prove on a balance of probabilities that she would face persecution, torture, or cruel and unusual treatment in Cap-Haitien; no evidence shows her attackers remain interested or have means to find her after nine years, so an internal flight alternative exists and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed.
  • RPD determination dated May 8, 2018 confirmed: appellant is not a Convention refugee or a person in need of protection within the meaning of ss.96 and 97 of the IRPA.