MB9-08736

MB9-08736

The appeal is dismissed because the principal appellant's testimony lacked credibility and the evidence did not establish, on the balance of probabilities, a personal or prospective risk arising from a persecutory nexus under sections 96 or 97 of the IRPA; the threats alleged were either uncorroborated, speculative or attributable to generalized crime affecting Haitians rather than persecution of a Convention reason, and consequently the minors are not refugees.

Citation
MB9-08736
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 January 2020
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Reasons and Decision
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility, Risk Assessment, Personal Risk, Gender Based Persecution, Particular Social Group, Section 97 IRPA, Section 96 IRPA, Convention Refugee
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Risk Assessment Personal Risk Gender Based Persecution Particular Social Group +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Associate Appellant

XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Reasons and Decision

Legal Issues

  1. 1 Whether the principal appellant's testimony was credible
  2. 2 Whether the principal appellant faces a personal and prospective risk to life or cruel and unusual treatment under section 97 of the IRPA
  3. 3 Whether the principal appellant constitutes a particular social group (vulnerable women) under section 96 of the IRPA and faces a serious possibility of persecution

Ratio Decidendi

The appeal is dismissed because the principal appellant's testimony lacked credibility and the evidence did not establish, on the balance of probabilities, a personal or prospective risk arising from a persecutory nexus under sections 96 or 97 of the IRPA; the threats alleged were either uncorroborated, speculative or attributable to generalized crime affecting Haitians rather than persecution of a Convention reason, and consequently the minors are not refugees.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • RPD decision dated March 5, 2019 confirmed; appellants are not Convention refugees nor persons in need of protection pursuant to paragraph 111(1)(a) of the IRPA