MB5-02328

MB5-02328

The RAD set aside the RPD decision and found the appellant a Convention refugee under s.96 IRPA because the appellant's credible account of kidnapping and rape, corroborated psychological and medical treatment records and pervasive country evidence of gender-based violence demonstrate a serious possibility of persecution as a woman; Haiti would not provide adequate state protection and no internal flight alternative exists given her changed circumstances.

Citation
MB5-02328
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent: Minister; Adjudicator: Refugee Appeal Division (panel) Me Louis Cousineau
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 December 2015
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Decision on Merits
Outcome
Appeal allowed. RPD decision dated May 21, 2015 set aside; appellant recognized as a Convention refugee under section 96 IRPA.
Legal Topics
Convention Refugee, Gender Based Persecution, Internal Flight Alternative, Credibility, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Gender Based Persecution Internal Flight Alternative Credibility Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister

Respondent

Refugee Appeal Division (panel) Me Louis Cousineau

Adjudicator

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division Decision on Merits

Legal Issues

  1. 1 whether appellant qualifies as a Convention refugee under section 96 IRPA
  2. 2 whether the RPD erred in assessing prospective fear and state protection under sections 96 and 97 IRPA
  3. 3 whether an internal flight alternative exists

Ratio Decidendi

The RAD set aside the RPD decision and found the appellant a Convention refugee under s.96 IRPA because the appellant's credible account of kidnapping and rape, corroborated psychological and medical treatment records and pervasive country evidence of gender-based violence demonstrate a serious possibility of persecution as a woman; Haiti would not provide adequate state protection and no internal flight alternative exists given her changed circumstances.

Court Disposition

Appeal allowed. RPD decision dated May 21, 2015 set aside; appellant recognized as a Convention refugee under section 96 IRPA.

Orders

  • Set aside the Refugee Protection Division determination dated May 21, 2015 and substitute a determination that the appellant is a Convention refugee under section 96 of the IRPA
  • Appeal allowed