MB9-04554

MB9-04554

Material, unexplained contradictions and adjustments between the appellants' testimony, amended BOC and their own police report fatally undermined credibility; absent credible evidence and medical linkage for the spouse, the female appellant failed to show a serious possibility of gender-based persecution; therefore the appellants are neither Convention refugees (s.96 IRPA) nor persons in need of protection (s.97 IRPA).

Citation
MB9-04554
Parties
Principal Appellant: XXXX XXXX; Spouse and Appellant: XXXX XXXX; Associate Appellant (minor, Haitian Citizen): XXXX XXXX XXXX; Associate Appellant (minor, United States Citizen): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 December 2019
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (written Reasons)
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Gender Based Persecution, Medical Evidence, State Protection, Internal Flight Alternative, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Credibility Assessment Gender Based Persecution Medical Evidence State Protection Internal Flight Alternative Convention Refugee Determination

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse and Appellant

XXXX XXXX XXXX

Associate Appellant (minor, Haitian Citizen)

XXXX XXXX

Associate Appellant (minor, United States Citizen)

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (written Reasons)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellants' credibility
  2. 2 Whether the female appellant established a serious possibility of gender-based persecution in Haiti given her health
  3. 3 Whether the police report and documentary evidence were probative

Ratio Decidendi

Material, unexplained contradictions and adjustments between the appellants' testimony, amended BOC and their own police report fatally undermined credibility; absent credible evidence and medical linkage for the spouse, the female appellant failed to show a serious possibility of gender-based persecution; therefore the appellants are neither Convention refugees (s.96 IRPA) nor persons in need of protection (s.97 IRPA).

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed.
  • Refugee Protection Division determination confirmed that XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX are not Convention refugees under section 96 of the IRPA nor persons in need of protection under section 97 of the IRPA.