MB8-06523

MB8-06523

The RAD allowed the appeal and set aside the RPD decision because the RPD's analysis was insufficient: it failed to conduct the required prospective assessment under s.96 of IRPA of gender-based persecution (rape and stigma) in the context of country conditions and the appellant's personal situation, and it failed to assess the minor's risk in light of her apparent Bahamian resident status; the matter is remitted to the RPD for re-determination by a differently constituted panel.

Citation
MB8-06523
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 February 2019
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Appeal Allowed; RPD Decision Set Aside and Matter Remitted to the RPD for Re Determination by a Differently Constituted Panel
Outcome
Appeal allowed; RPD decision set aside; matters remitted to the RPD for re-determination by a differently constituted panel
Legal Topics
Persecution, Particular Social Group, Gender Based Violence, Prospective Risk, Remand for Re Determination
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Persecution Particular Social Group Gender Based Violence Prospective Risk +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Appeal Allowed; RPD Decision Set Aside and Matter Remitted to the RPD for Re Determination by a Differently Constituted Panel

Legal Issues

  1. 1 Whether the appellants face a serious possibility of persecution under s.96 IRPA
  2. 2 Whether the risk to appellants is individualized/targeted under s.97 IRPA or a generalized risk faced by Haitians
  3. 3 Whether rape and consequent stigma amount to persecution (gender-based persecution)

Ratio Decidendi

The RAD allowed the appeal and set aside the RPD decision because the RPD's analysis was insufficient: it failed to conduct the required prospective assessment under s.96 of IRPA of gender-based persecution (rape and stigma) in the context of country conditions and the appellant's personal situation, and it failed to assess the minor's risk in light of her apparent Bahamian resident status; the matter is remitted to the RPD for re-determination by a differently constituted panel.

Court Disposition

Appeal allowed; RPD decision set aside; matters remitted to the RPD for re-determination by a differently constituted panel

Orders

  • Appeal allowed
  • RPD determination set aside