MB4-03560

MB4-03560

Applying Guideline 4 and the documentary record, the RAD concluded the Dominican Republic fails to provide adequate protection to women who are victims of domestic violence; given the appellant's credible account of past abuse and ongoing threats by a violent former partner, and taking the country context into account, the appellant established a well‑founded fear of persecution and qualifies as a Convention refugee under section 96 of the IRPA; the RPD determination was therefore set aside and substituted accordingly.

Citation
MB4-03560
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 March 2015
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division; Decision on Appeal (substitution of RPD Determination)
Outcome
Appeal allowed; RPD determination set aside; substituted determination that the appellant is a Convention refugee under section 96 of the IRPA.
Legal Topics
State Protection, Guideline 4 (women Claimants Fearing Gender Related Persecution), Convention Refugee Determination, Burden of Proof, Well Founded Fear, Domestic Violence
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Gender Based Violence State Protection Guideline 4 (women Claimants Fearing Gender Related Persecution) Convention Refugee Determination +3 more

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division; Decision on Appeal (substitution of RPD Determination)

Legal Issues

  1. 1 Whether the RPD erred in its assessment of state protection for victims of domestic violence in the Dominican Republic
  2. 2 Whether Chairperson's Guideline 4 was properly considered and applied
  3. 3 Whether the appellant has a well‑founded fear of persecution such that she qualifies as a Convention refugee

Ratio Decidendi

Applying Guideline 4 and the documentary record, the RAD concluded the Dominican Republic fails to provide adequate protection to women who are victims of domestic violence; given the appellant's credible account of past abuse and ongoing threats by a violent former partner, and taking the country context into account, the appellant established a well‑founded fear of persecution and qualifies as a Convention refugee under section 96 of the IRPA; the RPD determination was therefore set aside and substituted accordingly.

Court Disposition

Appeal allowed; RPD determination set aside; substituted determination that the appellant is a Convention refugee under section 96 of the IRPA.

Orders

  • Appeal allowed.
  • The RPD determination is set aside and replaced with a determination that the appellant is a Convention refugee under section 96 of the IRPA.