MB8-06396

MB8-06396

Although the RPD erred in requiring corroboration for the alleged 2010 attempted kidnapping, the RAD upholds the RPD's core adverse credibility findings based on the principal appellant's omission of 2012 death threats from his BOC, inadequate explanations for multi-year delay in leaving Haiti, inconsistencies and omissions in the associate female appellant's account, and the lack of evidence of ongoing targeting; therefore appellants failed to prove a serious possibility of persecution or s.97 IRPA risks on a balance of probabilities and the RPD decision is confirmed.

Citation
MB8-06396
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant (spouse): XXXX XXXX XXXX; Associate Appellant (son): XXXX XXXX XXXX XXXX; Associate Appellant (minor Son): XXXX XXXX XXXX; Associate Appellant (minor Son): XXXX XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 April 2019
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Corroboration, Prospective Risk, S.97 IRPA, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Assessment Corroboration Prospective Risk S.97 IRPA Convention Refugee Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant (spouse)

XXXX XXXX XXXX XXXX

Associate Appellant (son)

XXXX XXXX XXXX

Associate Appellant (minor Son)

XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant (minor Son)

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 whether RPD erred in requiring corroboration for alleged attempted kidnapping
  2. 2 omission of death threats in 2012 from BOC and resulting adverse inference
  3. 3 reasonableness of appellant's delay in leaving Haiti and effect on credibility

Ratio Decidendi

Although the RPD erred in requiring corroboration for the alleged 2010 attempted kidnapping, the RAD upholds the RPD's core adverse credibility findings based on the principal appellant's omission of 2012 death threats from his BOC, inadequate explanations for multi-year delay in leaving Haiti, inconsistencies and omissions in the associate female appellant's account, and the lack of evidence of ongoing targeting; therefore appellants failed to prove a serious possibility of persecution or s.97 IRPA risks on a balance of probabilities and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

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