TA6-03203

TA6-03203

The panel rejected the claimants' asserted past political activism as fabricated on credibility grounds but found on the balance of subjective fear, objective country information and expert evidence that the adult claimants face an individualized, serious possibility of risk to life or cruel and unusual treatment on return to Haiti under section 97(1)(b) due to diaspora indicators, remittances, American children and prior ransom payment; therefore the adults are persons in need of protection, while the minor claimants are not at serious risk in the United States and their claims fail.

Citation
TA6-03203
Parties
Claimant: XXXXX XXXXX XXXXX; Co Claimant (spouse): XXXXX XXXXX; Minor Claimant (child): XXXXX XXXXX XXXXX; Counsel for the Claimant(s): Timothy Wichert; Counsel for the Minister: N/A; Panel/decision‑maker: Ana Costa; Tribunal Officer: H. Paulo; Designated Representative: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 September 2008
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits / Determination
Outcome
Claimant and co-claimant found to be persons in need of protection under section 97(1) IRPA; minor claimants not Convention refugees or persons in need of protection.
Legal Topics
Non‑refoulement, Section 97(1) IRPA, Convention Refugee Status, Risk Assessment, Credibility Findings, Child Protection
Source Language
English
Immigration Law Refugee Law Human Rights Law Non‑refoulement Section 97(1) IRPA Convention Refugee Status Risk Assessment Credibility Findings +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Co Claimant (spouse)

XXXXX XXXXX XXXXX

Minor Claimant (child)

Timothy Wichert

Counsel for the Claimant(s)

N/A

Counsel for the Minister

Ana Costa

Panel/decision‑maker

H. Paulo

Tribunal Officer

XXXXX XXXXX XXXXX

Designated Representative

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Merits / Determination

Legal Issues

  1. 1 Whether the adult claimants are persons in need of protection under section 97(1) of the IRPA
  2. 2 Whether the minor claimants are Convention refugees or persons in need of protection
  3. 3 Whether the claimants' alleged political activism and claimed past persecution are credible

Ratio Decidendi

The panel rejected the claimants' asserted past political activism as fabricated on credibility grounds but found on the balance of subjective fear, objective country information and expert evidence that the adult claimants face an individualized, serious possibility of risk to life or cruel and unusual treatment on return to Haiti under section 97(1)(b) due to diaspora indicators, remittances, American children and prior ransom payment; therefore the adults are persons in need of protection, while the minor claimants are not at serious risk in the United States and their claims fail.

Court Disposition

Claimant and co-claimant found to be persons in need of protection under section 97(1) IRPA; minor claimants not Convention refugees or persons in need of protection.

Orders

  • Claimant and co-claimant are granted protection as persons in need of protection under section 97(1) of the Immigration and Refugee Protection Act.
  • Claims of the minor claimants are dismissed; they are not Convention refugees nor persons in need of protection.