MB7-08998

MB7-08998

The claimants are Convention refugees because they established a well-founded fear of persecution on the basis of membership of a particular social group (family) arising from their brother's political notoriety and activities; the nexus between attacks/threats against the family and the brother was proven; state protection in Haiti was shown to be unavailable or ineffective; and no viable internal flight alternative existed.

Citation
MB7-08998
Parties
Claimant: XXXX XXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 November 2018
Procedural Posture
Refugee Protection / Decision Reasons and Decision
Outcome
Claims allowed; claimants recognized as Convention refugees
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Gender Related Persecution, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Particular Social Group State Protection Gender Related Persecution Internal Flight Alternative +1 more

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Parties

XXXX XXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection / Decision Reasons and Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether family constitutes a particular social group
  3. 3 Whether there is nexus between persecution of the brother and the claimants

Ratio Decidendi

The claimants are Convention refugees because they established a well-founded fear of persecution on the basis of membership of a particular social group (family) arising from their brother's political notoriety and activities; the nexus between attacks/threats against the family and the brother was proven; state protection in Haiti was shown to be unavailable or ineffective; and no viable internal flight alternative existed.

Court Disposition

Claims allowed; claimants recognized as Convention refugees

Orders

  • Refugee protection claims of XXXX XXXXXXXX and XXXX XXXXXXXX allowed; recognized as Convention refugees