MB9-11443
The appeal is dismissed because the RPD correctly found appellants voluntarily left Brazil without seeking protection (supporting exclusion under Article 1E / s.98 IRPA), the evidence and credibility findings did not establish a subjective fear or a serious possibility of persecution in Haiti, and the minor daughter, as a US citizen, did not establish fear of her country of nationality.
- Citation
- MB9-11443
- Parties
- Person Who Is the Subject of the Appeal: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX; Spouse / Co Appellant: XXXX XXXX; Minor Child / Designated Represented Person: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: The Minister
- Court
- Refugee Appeal Division
- Jurisdiction
- Canada
- Judgment Date
- 23 December 2019
- Procedural Posture
- Refugee Appeal (refugee Appeal Division) / Decision on Appeal
- Outcome
- Appeal dismissed; RPD decision confirmed
- Legal Topics
- Exclusion (article 1 E / S.98 Irpa), Refugee Definition (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Credibility and Subjective Fear, Particular Social Group / Gender Based Persecution, Permanent Resident Status and Voluntary Departure, Asylum Seeking Conduct
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX
Person Who Is the Subject of the Appeal
XXXX XXXX
Spouse / Co Appellant
XXXX XXXX XXXX
Minor Child / Designated Represented Person
XXXX XXXX
Designated Representative
The Minister
Respondent
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal
Legal Issues
- 1 Whether appellants were excluded under Article 1E of the Refugee Convention / s.98 IRPA due to voluntary renunciation of protection in Brazil
- 2 Whether the appellants and the minor daughter established a reasonable possibility of persecution in Haiti or elsewhere
- 3 Whether the RPD erred in assessing credibility and subjective fear and failed to consider gender-based risk to the wife and daughter
Ratio Decidendi
The appeal is dismissed because the RPD correctly found appellants voluntarily left Brazil without seeking protection (supporting exclusion under Article 1E / s.98 IRPA), the evidence and credibility findings did not establish a subjective fear or a serious possibility of persecution in Haiti, and the minor daughter, as a US citizen, did not establish fear of her country of nationality.
Court Disposition
Appeal dismissed; RPD decision confirmed
Orders
- Appeal dismissed
- RPD determination that appellants are excluded under section 98 IRPA upheld
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