MB9-10225

MB9-10225

The RAD dismissed the appeal because the appellants failed to demonstrate, on a balance of probabilities, a prospective risk of death or cruel and unusual treatment linked to a Convention ground; the threats stemmed from a land dispute without nexus to gender or another protected ground, and the appellants did not establish membership in a particular social group of women in Haiti facing a serious possibility of persecution.

Citation
MB9-10225
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 February 2020
Procedural Posture
Refugee Protection Appeal / Appeal Decided (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.
Legal Topics
Refugee Protection, Convention Refugee, Particular Social Group, Credibility, Country Conditions (haiti), Prospective Risk, Gender Based Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Particular Social Group Credibility Country Conditions (haiti) +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decided (refugee Appeal Division)

Legal Issues

  1. 1 Existence of a prospective risk on return to Haiti
  2. 2 Nexus between alleged risk and one of the five Convention grounds
  3. 3 Whether appellants are members of a particular social group (women in Haiti) facing persecution

Ratio Decidendi

The RAD dismissed the appeal because the appellants failed to demonstrate, on a balance of probabilities, a prospective risk of death or cruel and unusual treatment linked to a Convention ground; the threats stemmed from a land dispute without nexus to gender or another protected ground, and the appellants did not establish membership in a particular social group of women in Haiti facing a serious possibility of persecution.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA.

Orders

  • Appeal dismissed and RPD determination confirmed
  • Oral hearing denied - no jurisdiction under s.110(4) IRPA