TA6-13249

TA6-13249

The panel found multiple material inconsistencies and lack of corroboration that undermined the applicants' credibility and failed to prove targeted persecution as MOCHRENHA members; documentary evidence established that violence in Haiti is predominantly generalized criminal violence; therefore the applicants failed to establish a serious possibility of persecution on a Convention ground and failed to meet the s.97 threshold for personal risk, and their claims were rejected.

Citation
TA6-13249
Parties
Principal Claimant: XXXXX XXXXX; Co Claimant (sister): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 June 2009
Procedural Posture
Refugee Protection Claim (convention Refugee Determination and S.97 Protection) / Hearing and Decision (reasons and Decision Issued)
Outcome
Claims for refugee protection and for protection under section 97 of the IRPA rejected
Legal Topics
Political Opinion, Membership in Political Movement, Gender Based Violence, Credibility Findings, Generalized Risk, Protection Under Section 97 IRPA
Source Language
English
Immigration Law Refugee Law Human Rights Law Political Opinion Membership in Political Movement Gender Based Violence Credibility Findings Generalized Risk +1 more

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Parties

XXXXX XXXXX

Principal Claimant

XXXXX XXXXX XXXXX

Co Claimant (sister)

Procedural Posture

Refugee Protection Claim (convention Refugee Determination and S.97 Protection) / Hearing and Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether claimants are Convention refugees on account of political opinion/membership
  2. 2 Whether the claimants' evidence is credible and sufficiently corroborated
  3. 3 Whether claimants face a personal risk of torture, risk to life, or cruel and unusual treatment under s.97 IRPA

Ratio Decidendi

The panel found multiple material inconsistencies and lack of corroboration that undermined the applicants' credibility and failed to prove targeted persecution as MOCHRENHA members; documentary evidence established that violence in Haiti is predominantly generalized criminal violence; therefore the applicants failed to establish a serious possibility of persecution on a Convention ground and failed to meet the s.97 threshold for personal risk, and their claims were rejected.

Court Disposition

Claims for refugee protection and for protection under section 97 of the IRPA rejected

Orders

  • Claims rejected
  • No protection granted (not Convention refugees and not persons in need of protection under s.97 IRPA)