MB8-25588

MB8-25588

The RAD concluded the RPD erred: objective evidence (wife's letter, NDP passages on word‑of‑mouth tracking, country reports on police inability) shows a serious possibility of persecution throughout Haiti and that state protection is inadequate; therefore no viable IFA exists and the appellant meets the definition of a Convention refugee, so the RAD sets aside the RPD decision and substitutes a finding of Convention refugee.

Citation
MB8-25588
Parties
Person Who Is the Subject of the Appeal (appellant): XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 September 2019
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; Substitution of RPD Determination Under S.111(1)(b) IRPA
Outcome
Appeal allowed; RPD determination set aside; RAD substitutes its own determination that the appellant is a Convention refugee.
Legal Topics
Internal Flight Alternative, State Protection, Credibility, Imputed Political Opinion, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Internal Flight Alternative State Protection Credibility Imputed Political Opinion Convention Refugee Determination

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Parties

XXXX XXXX

Person Who Is the Subject of the Appeal (appellant)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; Substitution of RPD Determination Under S.111(1)(b) IRPA

Legal Issues

  1. 1 Whether the RPD erred in finding an internal flight alternative (IFA) in Haiti
  2. 2 Whether state protection in Haiti is available and adequate
  3. 3 Whether the appellant's credibility was undermined with respect to the IFA

Ratio Decidendi

The RAD concluded the RPD erred: objective evidence (wife's letter, NDP passages on word‑of‑mouth tracking, country reports on police inability) shows a serious possibility of persecution throughout Haiti and that state protection is inadequate; therefore no viable IFA exists and the appellant meets the definition of a Convention refugee, so the RAD sets aside the RPD decision and substitutes a finding of Convention refugee.

Court Disposition

Appeal allowed; RPD determination set aside; RAD substitutes its own determination that the appellant is a Convention refugee.

Orders

  • Pursuant to paragraph 111(1)(b) IRPA the RAD sets aside the RPD determination and substitutes a determination that the appellant is a Convention refugee