MB7-23760

MB7-23760

The RAD set aside the RPD decision and found the principal appellant is a Convention refugee because the documentary record and her particular circumstances establish a serious possibility of persecution on return to Haiti as a woman due to widespread, chronic gender-based violence, pervasive impunity and inadequate state protection, and no viable internal flight alternative; the original attackers did not need to be shown to pose a present specific risk for the societal gender-based risk to found refugee status; the minors were correctly found not to face a serious possibility of persecution.

Citation
MB7-23760
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2018
Procedural Posture
Refugee Appeal Under IRPA (convention Refugee/person in Need of Protection) / Appeal to Refugee Appeal Division (rad) Substitution of RPD Determination and Decision on Entitlement
Outcome
Appeal allowed in part: principal appellant recognized as a Convention refugee; appeals for minor appellants dismissed and their RPD determinations confirmed.
Legal Topics
Gender Based Persecution, Convention Refugee Status, State Protection, Internal Flight Alternative, Standard of Review, Substitution of Administrative Decision
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Based Persecution Convention Refugee Status State Protection Internal Flight Alternative Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under IRPA (convention Refugee/person in Need of Protection) / Appeal to Refugee Appeal Division (rad) Substitution of RPD Determination and Decision on Entitlement

Legal Issues

  1. 1 Whether the principal appellant is a Convention refugee due to gender-based persecution on return to Haiti
  2. 2 Whether the RPD erred in finding no ongoing risk from the original attackers
  3. 3 Whether state protection in Haiti is available and effective

Ratio Decidendi

The RAD set aside the RPD decision and found the principal appellant is a Convention refugee because the documentary record and her particular circumstances establish a serious possibility of persecution on return to Haiti as a woman due to widespread, chronic gender-based violence, pervasive impunity and inadequate state protection, and no viable internal flight alternative; the original attackers did not need to be shown to pose a present specific risk for the societal gender-based risk to found refugee status; the minors were correctly found not to face a serious possibility of persecution.

Court Disposition

Appeal allowed in part: principal appellant recognized as a Convention refugee; appeals for minor appellants dismissed and their RPD determinations confirmed.

Orders

  • Pursuant to IRPA s.111(1) set aside the RPD determination and substitute a finding that the principal appellant, XXXX XXXX, is a Convention refugee
  • Confirm the RPD determination that the minor appellants, XXXX XXXX and XXXX XXXX XXXX XXXX, are neither Convention refugees nor persons in need of protection