MB7-07550

MB7-07550

The core reasoning is that the claimant presented credible, consistent evidence of targeted threats and gang recruitment risk coupled with objective country information demonstrating pervasive gang activity and ineffective state protection; those combined facts satisfy the legal threshold for a well‑founded fear of persecution absent a reasonable internal relocation or effective state protection (final decision reserved).

Citation
MB7-07550
Parties
Claimant: XXXX XXXX XXXX; Counsel for Claimant: Jessica Lipes; Presiding Member: Michel Collin; Interpreter: André
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 May 2018
Procedural Posture
Refugee Protection Claim / Oral Hearing Decision Reserved
Outcome
Decision reserved
Legal Topics
Persecution by Non State Actors, Gang Recruitment, State Protection / Police Effectiveness, Internal Relocation, Credibility
Source Language
English
Immigration Refugee Law Public International Law Criminal Justice Persecution by Non State Actors Gang Recruitment State Protection / Police Effectiveness Internal Relocation +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Jessica Lipes

Counsel for Claimant

Michel Collin

Presiding Member

André

Interpreter

Procedural Posture

Refugee Protection Claim / Oral Hearing Decision Reserved

Legal Issues

  1. 1 Whether claimant faces a well-founded fear of persecution from non-state actors (gangs)
  2. 2 Whether the state can or will provide effective protection
  3. 3 Whether internal relocation within Haiti is reasonable and accessible

Ratio Decidendi

The core reasoning is that the claimant presented credible, consistent evidence of targeted threats and gang recruitment risk coupled with objective country information demonstrating pervasive gang activity and ineffective state protection; those combined facts satisfy the legal threshold for a well‑founded fear of persecution absent a reasonable internal relocation or effective state protection (final decision reserved).

Court Disposition

Decision reserved

Orders

  • Exhibits 1 (Basis of Claim), 2 (CBSA package), 3 (National Documentation Package on Haiti) and claimant exhibits E-1 to E-5 admitted into evidence
  • Transcript of oral testimony entered; decision to be issued in writing in the following days