MB5-02070

MB5-02070

The RPD failed to make an explicit credibility assessment of the Appellants' allegations regarding identity, familial links and the alleged gang threats; because credibility is determinative of whether Haiti would be a safe destination and whether the Appellants can re-acquire Haitian citizenship, the RAD cannot confirm or set aside the RPD decision and must refer the matter back to the RPD for redetermination by a differently constituted panel under ss.111(1)(c) and 111(2) IRPA.

Citation
MB5-02070
Parties
Principal Appellant: Ms. XXXX XXXX XXXX XXXX; Associated Appellant (spouse): Mr. XXXX XXXX; Associated Appellant (child, Age 14): XXXX XXXX XXXX; Associated Appellant (child, Age 11): XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 November 2015
Procedural Posture
Refugee Protection Appeal Under IRPA / Decision by Refugee Appeal Division (rad) Referring Matter Back to RPD for Redetermination
Outcome
Appeal allowed in part: RAD refers the matter back to the Refugee Protection Division for redetermination by a differently constituted panel
Legal Topics
Refugee Appeal, Relocation/alternate State, Citizenship, Credibility Assessment, Remand for Redetermination
Source Language
English
Immigration Refugee Law Administrative Law Refugee Appeal Relocation/alternate State Citizenship Credibility Assessment Remand for Redetermination

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Parties

Ms. XXXX XXXX XXXX XXXX

Principal Appellant

Mr. XXXX XXXX

Associated Appellant (spouse)

XXXX XXXX XXXX

Associated Appellant (child, Age 14)

XXXX XXXX XXXX XXXX

Associated Appellant (child, Age 11)

XXXX XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal Under IRPA / Decision by Refugee Appeal Division (rad) Referring Matter Back to RPD for Redetermination

Legal Issues

  1. 1 Whether the RPD correctly assessed the Appellants' capacity to acquire or re-acquire Haitian citizenship
  2. 2 Whether Haiti is a safe destination for the Appellants and thus an available internal/alternate protection
  3. 3 Whether the RPD conducted an explicit and adequate credibility assessment of the Appellants' allegations

Ratio Decidendi

The RPD failed to make an explicit credibility assessment of the Appellants' allegations regarding identity, familial links and the alleged gang threats; because credibility is determinative of whether Haiti would be a safe destination and whether the Appellants can re-acquire Haitian citizenship, the RAD cannot confirm or set aside the RPD decision and must refer the matter back to the RPD for redetermination by a differently constituted panel under ss.111(1)(c) and 111(2) IRPA.

Court Disposition

Appeal allowed in part: RAD refers the matter back to the Refugee Protection Division for redetermination by a differently constituted panel

Orders

  • Matter referred to the Refugee Protection Division for redetermination by a differently constituted panel pursuant to ss.111(1)(c) and 111(2) IRPA
  • RPD directed to hear further evidence and question the Appellants on credibility, family relationships, the alleged agents of risk, and the effect of recent events (including murder and arrest) on the risk and relocatability to Haiti