MB9-01626

MB9-01626

On the admitted evidence the RAD found the principal appellant's and one child's identities established on a balance of probabilities, concluded the principal appellant faces a serious possibility of persecution in Haiti as a woman who suffered domestic violence and that state protection is inadequate, set aside the RPD decision and declared the principal appellant a Convention refugee; the two minor children were found not to face a serious possibility of persecution and therefore are not Convention refugees or persons in need of protection.

Citation
MB9-01626
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 July 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal allowed in part: RPD decision set aside; principal appellant declared a Convention refugee; minor sons not declared refugees or persons in need of protection.
Legal Topics
Identity Evidence, New Evidence Admissibility, Gender‑based Persecution, Particular Social Group, Procedural Fairness, Risk to Children
Source Language
English
Immigration Refugee Law Administrative Law Identity Evidence New Evidence Admissibility Gender‑based Persecution Particular Social Group Procedural Fairness +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the appellants established identity on a balance of probabilities
  2. 2 Whether new evidence meets admissibility criteria in s.110(4) IRPA
  3. 3 Whether the principal appellant is a Convention refugee as a woman who suffered domestic violence

Ratio Decidendi

On the admitted evidence the RAD found the principal appellant's and one child's identities established on a balance of probabilities, concluded the principal appellant faces a serious possibility of persecution in Haiti as a woman who suffered domestic violence and that state protection is inadequate, set aside the RPD decision and declared the principal appellant a Convention refugee; the two minor children were found not to face a serious possibility of persecution and therefore are not Convention refugees or persons in need of protection.

Court Disposition

Appeal allowed in part: RPD decision set aside; principal appellant declared a Convention refugee; minor sons not declared refugees or persons in need of protection.

Orders

  • Pursuant to paragraph 111(1)(b) IRPA the RPD determination is set aside and substituted: principal appellant is a Convention refugee; the sons XXXX and XXXX are not Convention refugees or persons in need of protection.