MB8-25912

MB8-25912

The RPD correctly found that, despite the appellant's accepted credibility, he failed to demonstrate on a balance of probabilities that he would face a personalized risk of persecution or cruel and unusual treatment by criminals distinct from the generalized risk faced by the Haitian population; therefore the claim under s.97 IRPA fails and the RPD decision is upheld.

Citation
MB8-25912
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 June 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal RAD Hearing and Reasons (june 18, 2019)
Outcome
Appeal dismissed; RPD decision confirmed that appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Risk Assessment Under Section 97 IRPA, Particular Social Group Under Section 96 IRPA, Exclusion Under Article 1 E of the Refugee Convention, Standard of Review
Source Language
English
Immigration Refugee Law Risk Assessment Under Section 97 IRPA Particular Social Group Under Section 96 IRPA Exclusion Under Article 1 E of the Refugee Convention Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal RAD Hearing and Reasons (june 18, 2019)

Legal Issues

  1. 1 Whether the RPD erred in applying s.97 IRPA by failing to conduct a personalized risk assessment
  2. 2 Whether the appellant faces an individualized risk of persecution or cruel and unusual treatment by criminals not faced generally by the Haitian population
  3. 3 Whether the appellant qualifies as a member of a particular social group under s.96 IRPA

Ratio Decidendi

The RPD correctly found that, despite the appellant's accepted credibility, he failed to demonstrate on a balance of probabilities that he would face a personalized risk of persecution or cruel and unusual treatment by criminals distinct from the generalized risk faced by the Haitian population; therefore the claim under s.97 IRPA fails and the RPD decision is upheld.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed and RPD determination confirmed under paragraph 111(1)(a) of the IRPA