MC0-08624

MC0-08624

The RPD erred by failing to analyse and recognize Haitian women as a particular social group and by failing to assess adequately the operational inadequacy of state protection; on reassessment there is a greater‑than‑mere‑possibility risk of serious gender‑based persecution to the appellant today, so the RPD's negative determination concerning her is set aside and substituted with a positive finding of refugee status under s.96 IRPA; the RPD's rejection of the husband and minor daughter's claims is upheld because the husband failed to show he would be targeted as a family member and the minor daughter has no risk in her country of citizenship.

Citation
MC0-08624
Parties
Appellant / Principal Claimant: Ms. XXXX; Spouse / Co Claimant: Mr. XXXX; Minor Claimant: Minor daughter (represented)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 March 2021
Procedural Posture
Refugee Protection Appeal / Reasons and Decision of Refugee Appeal Division (disposition)
Outcome
Appeal allowed in part: appellant granted refugee status; appeal dismissed for husband and minor daughter.
Legal Topics
Particular Social Group, Gender Based Persecution, Credibility Assessment, State Protection, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Particular Social Group Gender Based Persecution Credibility Assessment State Protection Procedural Fairness

Case Brief

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Parties

Ms. XXXX

Appellant / Principal Claimant

Mr. XXXX

Spouse / Co Claimant

Minor daughter (represented)

Minor Claimant

Procedural Posture

Refugee Protection Appeal / Reasons and Decision of Refugee Appeal Division (disposition)

Legal Issues

  1. 1 Whether RPD breached procedural fairness
  2. 2 Whether RPD erred in credibility findings
  3. 3 Whether Haitian women constitute a particular social group under s.96 IRPA

Ratio Decidendi

The RPD erred by failing to analyse and recognize Haitian women as a particular social group and by failing to assess adequately the operational inadequacy of state protection; on reassessment there is a greater‑than‑mere‑possibility risk of serious gender‑based persecution to the appellant today, so the RPD's negative determination concerning her is set aside and substituted with a positive finding of refugee status under s.96 IRPA; the RPD's rejection of the husband and minor daughter's claims is upheld because the husband failed to show he would be targeted as a family member and the minor daughter has no risk in her country of citizenship.

Court Disposition

Appeal allowed in part: appellant granted refugee status; appeal dismissed for husband and minor daughter.

Orders

  • Set aside the Refugee Protection Division's negative determination regarding the appellant and substitute a positive determination that she is a refugee under section 96 of the Immigration and Refugee Protection Act.
  • Confirm the Refugee Protection Division's determinations rejecting the refugee protection claims of the husband and the minor daughter; appeal dismissed with respect to them.