MC0-09442

MC0-09442

The RAD found the RPD erred in its credibility and legal analysis regarding gender‑based persecution; on an independent review the female appellant demonstrated credible testimony, membership in the particular social group of Haitian women who fear gender‑based violence, and a serious possibility of persecution...

Source-derived case information.

Citation
MC0-09442
Parties
Appellant: XXXX XXXX; Appellant (minor, Represented): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 June 2021
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) / Final Decision (rad Determination)
Outcome
Female appellant's appeal allowed and RPD determination set aside and substituted: female appellant declared a Convention refugee. Male appellant's appeal dismissed and RPD determination confirmed.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Credibility Assessment, New Evidence Admissibility, Internal Flight Alternative
Source Language
english
Immigration Law Refugee Law Human Rights Law Gender Based Violence Convention Refugee Particular Social Group State Protection Credibility Assessment +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX

Appellant (minor, Represented)

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) / Final Decision (rad Determination)

Legal Issues

  1. 1 Whether the female appellant is a Convention refugee by reason of membership in the particular social group of women who fear gender‑based physical and sexual violence
  2. 2 Whether the RPD erred in its credibility assessment of the female appellant
  3. 3 Whether the female appellant can access state protection in Haiti

Ratio Decidendi

The RAD found the RPD erred in its credibility and legal analysis regarding gender‑based persecution; on an independent review the female appellant demonstrated credible testimony, membership in the particular social group of Haitian women who fear gender‑based violence, and a serious possibility of persecution coupled with inadequate state protection, and therefore is a Convention refugee; the male appellant failed to establish a serious possibility of persecution in Brazil and his appeal is dismissed.

Court Disposition

Female appellant's appeal allowed and RPD determination set aside and substituted: female appellant declared a Convention refugee. Male appellant's appeal dismissed and RPD determination confirmed.

Orders

  • Set aside the Refugee Protection Division's decision concerning the female appellant and substitute a determination that she is a Convention refugee
  • Dismiss the appeal of the male appellant and confirm the RPD's determination that he is neither a Convention refugee nor a person in need of protection