MB9-08486

MB9-08486

The appeal is dismissed because the appellant failed to demonstrate a well‑founded fear of persecution or a personal risk to life; the RPD’s adverse credibility findings and the documentary record rationally support the conclusion that the appellant was not personally targeted and that family unity or general country insecurity do not independently establish entitlement to protection.

Citation
MB9-08486
Parties
Appellant (person Who Is the Subject of the Appeal): XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (written Reasons)
Outcome
Appeal dismissed; RPD determination confirmed (appellant is neither a Convention refugee nor a person in need of protection).
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Family Unity, Country Conditions (haiti), Risk of Persecution
Source Language
English
Immigration Refugee Law Humanitarian and Compassionate Considerations Convention Refugee Person in Need of Protection Credibility Assessment Family Unity Country Conditions (haiti) +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant (person Who Is the Subject of the Appeal)

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (written Reasons)

Legal Issues

  1. 1 Whether the appellant faces a serious possibility of persecution or a risk to life
  2. 2 Whether the appellant was personally targeted by criminals who attacked his spouse
  3. 3 Whether credibility findings by the RPD were justified

Ratio Decidendi

The appeal is dismissed because the appellant failed to demonstrate a well‑founded fear of persecution or a personal risk to life; the RPD’s adverse credibility findings and the documentary record rationally support the conclusion that the appellant was not personally targeted and that family unity or general country insecurity do not independently establish entitlement to protection.

Court Disposition

Appeal dismissed; RPD determination confirmed (appellant is neither a Convention refugee nor a person in need of protection).

Orders

  • Appeal dismissed
  • RPD decision upheld