MB9-30086

MB9-30086

The RAD concluded the RPD erred by mishandling credibility findings and failing to apply the gender-related persecution guideline; the female appellant's testimony and corroborating documentary evidence established serious, gender-based persecution amounting to a well-founded fear based on membership in the particular social group of Haitian women who are victims of domestic violence, with inadequate state protection and no viable internal flight alternative, therefore she is a Convention refugee; the male appellant did not demonstrate a risk of persecution independently of his mother and is neither a refugee nor a person in need of protection.

Citation
MB9-30086
Parties
Female Appellant: XXXX XXXX XXXX XXXX XXXX; Male Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 March 2020
Procedural Posture
Refugee Appeal / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal allowed in part: female appellant declared a Convention refugee; appeal dismissed for male appellant.
Legal Topics
Gender Related Persecution, Domestic Violence, Credibility Assessment, Procedural Fairness and Bias, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Gender Related Persecution Domestic Violence Credibility Assessment Procedural Fairness and Bias State Protection +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Male Appellant (minor)

Procedural Posture

Refugee Appeal / Decision on Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether the Refugee Protection Division breached natural justice and procedural fairness
  2. 2 Whether the RPD erred in its credibility assessment of the female appellant
  3. 3 Whether the female appellant qualifies as a Convention refugee

Ratio Decidendi

The RAD concluded the RPD erred by mishandling credibility findings and failing to apply the gender-related persecution guideline; the female appellant's testimony and corroborating documentary evidence established serious, gender-based persecution amounting to a well-founded fear based on membership in the particular social group of Haitian women who are victims of domestic violence, with inadequate state protection and no viable internal flight alternative, therefore she is a Convention refugee; the male appellant did not demonstrate a risk of persecution independently of his mother and is neither a refugee nor a person in need of protection.

Court Disposition

Appeal allowed in part: female appellant declared a Convention refugee; appeal dismissed for male appellant.

Orders

  • Set aside the Refugee Protection Division determination regarding the female appellant and substitute the determination that XXXX XXXX XXXX XXXX XXXX is a Convention refugee
  • Confirm the Refugee Protection Division determination that XXXX XXXX XXXX is neither a refugee nor a person in need of protection