MB9-11599

MB9-11599

The RAD found the appellants credible, accepted medical and judicial documentary evidence corroborating that the female appellant was raped in 2013, concluded there is a serious possibility of persecution against the female appellant (as a woman) and the male appellant (as a family member), found no viable internal flight alternative or effective state protection in Haiti, set aside the RPD decision and declared the Haitian appellants to be Convention refugees under s.96 IRPA; the US minor's appeal was dismissed as he faces no relevant risk in the United States.

Citation
MB9-11599
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 December 2019
Procedural Posture
Refugee Protection Appeal / Final Decision on Appeal by Refugee Appeal Division
Outcome
Appeal allowed for the Haitian appellants; appeal dismissed for the US minor appellant
Legal Topics
Convention Refugee Determination, Credibility Assessment, Internal Flight Alternative, State Protection, Gender Based Persecution, Admissibility of New Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Determination Credibility Assessment Internal Flight Alternative State Protection Gender Based Persecution +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Final Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in rejecting documentary evidence and adverse credibility findings regarding an alleged 2013 rape
  2. 2 Whether appellants face a well-founded fear/serious possibility of persecution on a Convention ground (gender/family) if returned to Haiti
  3. 3 Whether a viable internal flight alternative exists in Haiti

Ratio Decidendi

The RAD found the appellants credible, accepted medical and judicial documentary evidence corroborating that the female appellant was raped in 2013, concluded there is a serious possibility of persecution against the female appellant (as a woman) and the male appellant (as a family member), found no viable internal flight alternative or effective state protection in Haiti, set aside the RPD decision and declared the Haitian appellants to be Convention refugees under s.96 IRPA; the US minor's appeal was dismissed as he faces no relevant risk in the United States.

Court Disposition

Appeal allowed for the Haitian appellants; appeal dismissed for the US minor appellant

Orders

  • Set aside RPD determination for Haitian appellants and substitute RAD determination that XXXX XXXX and XXXX XXXX are Convention refugees under section 96 of the IRPA
  • Confirm RPD determination for minor appellant XXXX XXXX; he is neither a Convention refugee nor a person in need of protection