MB9-01380

MB9-01380

The appeals are dismissed because the principal appellant's claim was not established on the balance of probabilities: the RPD's credibility concerns were determinative and disputes over property do not constitute a protected ground under s.96 of IRPA; moreover surrendering the contested property would remove any asserted risk.

Citation
MB9-01380
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX; Associated Appellant (spouse): XXXX XXXX XXXX (MM); Associated Appellant (daughter): XXXX XXXX (MC)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 August 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Appeal Decision
Outcome
Appeals dismissed
Legal Topics
Refugee Protection, Credibility Findings, Property Rights, Risk Assessment, Standard of Review, IRPA S.96 and S.97
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Findings Property Rights Risk Assessment Standard of Review +1 more

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Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX XXXX (MM)

Associated Appellant (spouse)

XXXX XXXX (MC)

Associated Appellant (daughter)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Appeal Decision

Legal Issues

  1. 1 Whether principal appellant faces a risk to life if returned to Haiti
  2. 2 Whether a family property dispute can ground a refugee claim under IRPA
  3. 3 Whether the RPD's adverse credibility finding was decisive and justified

Ratio Decidendi

The appeals are dismissed because the principal appellant's claim was not established on the balance of probabilities: the RPD's credibility concerns were determinative and disputes over property do not constitute a protected ground under s.96 of IRPA; moreover surrendering the contested property would remove any asserted risk.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed