MB9-28281

MB9-28281

The appeal is dismissed because on a complete and independent review the RPD correctly found the appellants not credible; the documentary evidence does not corroborate targeted, individualized threats; the risk they face on return to Haiti is generalized criminality (97(1)(b)) not persecution for a Convention ground; the female appellant did not demonstrate subjective well‑founded fear as a Haitian woman.

Citation
MB9-28281
Parties
Male Appellant: XXXX XXXX; Female Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 March 2021
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal From Refugee Protection Division Decision to Refugee Appeal Division; Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Particular Social Group, Risk to Life, State Protection, Gender Related Persecution, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Particular Social Group Risk to Life State Protection Gender Related Persecution +1 more

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Parties

XXXX XXXX

Male Appellant

XXXX XXXX

Female Appellant

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal From Refugee Protection Division Decision to Refugee Appeal Division; Decision on Appeal

Legal Issues

  1. 1 Whether appellants are Convention refugees under section 96 IRPA
  2. 2 Whether appellants are persons in need of protection under subsection 97(1) IRPA
  3. 3 Whether membership in the Haitian middle class constitutes a particular social group

Ratio Decidendi

The appeal is dismissed because on a complete and independent review the RPD correctly found the appellants not credible; the documentary evidence does not corroborate targeted, individualized threats; the risk they face on return to Haiti is generalized criminality (97(1)(b)) not persecution for a Convention ground; the female appellant did not demonstrate subjective well‑founded fear as a Haitian woman.

Court Disposition

Appeal dismissed; RPD decision confirmed