MB8-09089

MB8-09089

The RAD accepted the appellant's credibility, determined that she and two daughters are members of the social group "Haitian women returning to Haiti from abroad," and found that those appellants face a serious possibility of persecution (risk of sexual violence) coupled with absence of adequate state protection in Haiti, thereby qualifying them as Convention refugees; the appeal was denied for the US‑born son because he failed to establish risk in his country of birth (United States).

Citation
MB8-09089
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 May 2019
Procedural Posture
Refugee Appeal From Refugee Protection Division (rpd) Decision / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Convention Refugee, Gender Based Persecution, State Protection, Credibility Findings, Returnees
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Gender Based Persecution State Protection Credibility Findings Returnees

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal From Refugee Protection Division (rpd) Decision / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether appellant and children face serious possibility of persecution on a Convention ground
  2. 2 Whether RPD erred in adverse credibility findings
  3. 3 Whether prospective risk arises from status as women returning to Haiti

Ratio Decidendi

The RAD accepted the appellant's credibility, determined that she and two daughters are members of the social group "Haitian women returning to Haiti from abroad," and found that those appellants face a serious possibility of persecution (risk of sexual violence) coupled with absence of adequate state protection in Haiti, thereby qualifying them as Convention refugees; the appeal was denied for the US‑born son because he failed to establish risk in his country of birth (United States).

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Pursuant to section 111(1)(b) of the IRPA the RAD sets aside the RPD determination and substitutes its determination that XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX are Convention refugees.
  • Pursuant to section 111(1)(a) of the IRPA the RAD dismisses the appeal and confirms the RPD decision that XXXX XXXX XXXX is neither a Convention refugee nor a person in need of protection.