MB9-08624

MB9-08624

The RPD's adverse credibility findings based on significant contradictions and an unexplained material omission were justified and fatal to the claim; applying relevant gender‑based guidelines and country evidence, the female appellant did not establish a well‑founded fear of persecution on account of gender in the specific factual context; the US‑citizen minor advanced no claim—therefore the RPD decision was correctly confirmed and the appeals dismissed.

Citation
MB9-08624
Parties
Principal Appellant: XXXX XXXX; Spouse: XXXX XXXX XXXX; Adult Son: XXXX XXXX XXXX; Minor Daughter (us Citizen): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 November 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (dismissed)
Outcome
Appeals dismissed; RPD decision confirmed under s.111(1)(a) IRPA
Legal Topics
Credibility Assessment, Gender Based Violence, State Protection, Well Founded Fear, Designation of Representative, Appeal/remedy
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Gender Based Violence State Protection Well Founded Fear Designation of Representative +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Adult Son

XXXX XXXX XXXX XXXX

Minor Daughter (us Citizen)

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (dismissed)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings based on contradictions and omission in the PA's evidence
  2. 2 Whether the female appellant established a well-founded fear of persecution as a result of gender-based violence in Haiti
  3. 3 Whether the US‑citizen minor established a claim or risk of harm in the United States

Ratio Decidendi

The RPD's adverse credibility findings based on significant contradictions and an unexplained material omission were justified and fatal to the claim; applying relevant gender‑based guidelines and country evidence, the female appellant did not establish a well‑founded fear of persecution on account of gender in the specific factual context; the US‑citizen minor advanced no claim—therefore the RPD decision was correctly confirmed and the appeals dismissed.

Court Disposition

Appeals dismissed; RPD decision confirmed under s.111(1)(a) IRPA

Orders

  • Appeals dismissed
  • Decision of the Refugee Protection Division confirmed under s.111(1)(a) of the Immigration and Refugee Protection Act