MB6-07811

MB6-07811

The panel rejected the claimants' account as not credible due to material inconsistencies, omissions about movements and addresses, failure to produce corroborative documents, and conduct inconsistent with a genuine fear (returning to Haiti and home). Coupled with country evidence indicating political violence targeted at opposition rather than members of the ruling party and a stabilized post‑election context, the claimants failed to prove a serious possibility of persecution or a s.97(1) protection risk, and their claims were therefore refused.

Citation
MB6-07811
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 December 2017
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Refugee protection claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Political Opinion, Internal Relocation, State Protection
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Political Opinion Internal Relocation +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under subsection 97(1) IRPA
  3. 3 Credibility and weight of documentary evidence and witness testimony

Ratio Decidendi

The panel rejected the claimants' account as not credible due to material inconsistencies, omissions about movements and addresses, failure to produce corroborative documents, and conduct inconsistent with a genuine fear (returning to Haiti and home). Coupled with country evidence indicating political violence targeted at opposition rather than members of the ruling party and a stabilized post‑election context, the claimants failed to prove a serious possibility of persecution or a s.97(1) protection risk, and their claims were therefore refused.

Court Disposition

Refugee protection claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Refugee protection claims of XXXX XXXX XXXX and XXXX XXXX XXXX are refused.