MB9-02230

MB9-02230

The RAD confirmed the RPD because material omissions and inconsistencies in the PA's BOC and testimony and an unreliable police document justified negative credibility findings; country evidence of systemic violence against women did not, in light of the PA's family and male presence in Haiti, establish a serious possibility of persecution; consequently the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed under paragraph 111(1)(a) IRPA.

Citation
MB9-02230
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associated Appellant: XXXX XXXX XXXX XXXX; Associated Appellant: XXXX XXXX; Designated Representative: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 September 2019
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Gender Based Persecution, Residual Risk Assessment, Documentary Evidence Authenticity, Admissibility of Oral Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Gender Based Persecution Residual Risk Assessment Documentary Evidence Authenticity Admissibility of Oral Hearing

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associated Appellant

XXXX XXXX

Associated Appellant

XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether appellate oral hearing under subsection 110(6) IRPA is warranted
  2. 2 Credibility of principal appellant given omissions and inconsistent conduct
  3. 3 Authenticity and probative value of foreign police report

Ratio Decidendi

The RAD confirmed the RPD because material omissions and inconsistencies in the PA's BOC and testimony and an unreliable police document justified negative credibility findings; country evidence of systemic violence against women did not, in light of the PA's family and male presence in Haiti, establish a serious possibility of persecution; consequently the appellants are neither Convention refugees nor persons in need of protection and the appeal is dismissed under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
  • Appellants are neither Convention refugees nor persons in need of protection