MB9-30241

MB9-30241

The RAD independently reviewed the record and concluded the RPD did not err: the appellant was not a credible witness regarding alleged political activity and facts underpinning the claim, she failed to prove a serious possibility of persecution as a political actor or as an unmarried woman in Haiti, and therefore the RPD correctly denied refugee protection.

Citation
MB9-30241
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2020
Procedural Posture
Refugee Appeal (refugee Protection Division Decision Under Review) / Decision of the Refugee Appeal Division (final Determination)
Outcome
Appeal dismissed; RPD decision confirmed; appellant not a Convention refugee or person in need of protection
Legal Topics
Credibility Assessment, Gender Based Persecution, Particular Social Group, State Protection, Subjective Fear, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Gender Based Persecution Particular Social Group State Protection Subjective Fear +1 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Protection Division Decision Under Review) / Decision of the Refugee Appeal Division (final Determination)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellant
  2. 2 Whether the appellant established a serious possibility of persecution on Convention grounds
  3. 3 Whether the appellant faces a serious possibility of persecution as a member of the particular social group of Haitian women

Ratio Decidendi

The RAD independently reviewed the record and concluded the RPD did not err: the appellant was not a credible witness regarding alleged political activity and facts underpinning the claim, she failed to prove a serious possibility of persecution as a political actor or as an unmarried woman in Haiti, and therefore the RPD correctly denied refugee protection.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant not a Convention refugee or person in need of protection

Orders

  • Appeal dismissed and RPD determination confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act (decision dated December 16, 2020)