MB9-00404

MB9-00404

The RAD confirmed the RPD because the RPD reasonably found the appellant lacked credibility due to direct contradictions (notably the land surveyor document and the appellant's travel dates), the alleged property dispute does not constitute a Convention ground of refugee protection, and the appellant failed to establish on a balance of probabilities that she would face persecution as a woman or from her family if returned to Haiti.

Citation
MB9-00404
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 September 2019
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (final Determination)
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Gender Based Persecution, Property Rights and Refugee Protection, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Gender Based Persecution Property Rights and Refugee Protection Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (final Determination)

Legal Issues

  1. 1 Whether the appellant was credible
  2. 2 Whether alleged property/land ownership and related family threats established a risk of persecution
  3. 3 Whether the appellant faces gender-based persecution on return to Haiti

Ratio Decidendi

The RAD confirmed the RPD because the RPD reasonably found the appellant lacked credibility due to direct contradictions (notably the land surveyor document and the appellant's travel dates), the alleged property dispute does not constitute a Convention ground of refugee protection, and the appellant failed to establish on a balance of probabilities that she would face persecution as a woman or from her family if returned to Haiti.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed
  • Determination of the Refugee Protection Division dated December 14, 2018 is confirmed