MA7-07976

MA7-07976

The claimant failed to discharge the burden to demonstrate it would be unreasonable to relocate elsewhere in Haiti; therefore an internal flight alternative exists and the claimants are not Convention refugees under s.96 nor persons in need of protection under s.97 of the IRPA.

Citation
MA7-07976
Parties
Claimant: XXXXX XXXXX-XXXXX; Claimant Minor: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 June 2009
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim denied. Claimants are not Convention refugees under section 96 of the IRPA nor persons in need of protection under subsection 97(1) of the IRPA.
Legal Topics
Internal Flight Alternative, Convention Refugee, Burden of Proof, Credibility, Protection Under S.97 IRPA
Source Language
English
Refugee Law Immigration Law Administrative Law Internal Flight Alternative Convention Refugee Burden of Proof Credibility Protection Under S.97 IRPA

Case Brief

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Parties

XXXXX XXXXX-XXXXX

Claimant

XXXX XXXX

Claimant Minor

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether the claimants are persons in need of protection under subsection 97(1) of the IRPA
  3. 3 Whether an internal flight alternative exists in Haiti

Ratio Decidendi

The claimant failed to discharge the burden to demonstrate it would be unreasonable to relocate elsewhere in Haiti; therefore an internal flight alternative exists and the claimants are not Convention refugees under s.96 nor persons in need of protection under s.97 of the IRPA.

Court Disposition

Claim denied. Claimants are not Convention refugees under section 96 of the IRPA nor persons in need of protection under subsection 97(1) of the IRPA.

Orders

  • The refugee protection claim of XXXXX XXXXX-XXXXX is rejected.
  • The refugee protection claim of XXXX XXXX (minor) is rejected.