MB9-26576

MB9-26576

Appeal dismissed because appellants failed to demonstrate on a balance of probabilities that they face a personal risk of persecution or harm different in kind or degree from the generalized criminal violence in Haiti; therefore the RPD correctly concluded they are neither Convention refugees nor persons in need of protection.

Citation
MB9-26576
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 November 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad Dismissal)
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Risk Assessment, Generalized Risk, Credibility, Convention Refugee Definition, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Risk Assessment Generalized Risk Credibility Convention Refugee Definition Standard of Review

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad Dismissal)

Legal Issues

  1. 1 Whether the appellants face a risk different from generalized crime in Haiti
  2. 2 Whether the RPD mischaracterized the persecution as generalized criminality
  3. 3 Whether the RPD failed to consider the wife and minor daughter's situations

Ratio Decidendi

Appeal dismissed because appellants failed to demonstrate on a balance of probabilities that they face a personal risk of persecution or harm different in kind or degree from the generalized criminal violence in Haiti; therefore the RPD correctly concluded they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; appellants are not Convention refugees or persons in need of protection.