MB8-07251

MB8-07251

The RAD concluded the RPD did not err in its central finding that the appellant failed to establish a serious possibility of persecution or, on the balance of probabilities, risk of torture, risk to life or cruel and unusual treatment on return to Haiti, because the appellant lacked evidence of an ongoing political profile or continuing, personalized threats since 2010 and could not show his persecutors remain a realistic threat; therefore the RPD determination that he is neither a Convention refugee nor a person in need of protection was confirmed.

Citation
MB8-07251
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 April 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division — Decision Stage
Outcome
Appeal dismissed; RPD determination confirmed; appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Asylum Claim, Convention Refugee, Political Opinion, Persecution, Credibility, Risk of Torture, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Asylum Claim Convention Refugee Political Opinion Persecution +3 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division — Decision Stage

Legal Issues

  1. 1 whether appellant established a serious possibility of persecution on a Convention ground
  2. 2 whether the RPD erred in factual findings about appellant's political profile
  3. 3 whether the appellant identified his agents of persecution and established they remain a threat in Haiti

Ratio Decidendi

The RAD concluded the RPD did not err in its central finding that the appellant failed to establish a serious possibility of persecution or, on the balance of probabilities, risk of torture, risk to life or cruel and unusual treatment on return to Haiti, because the appellant lacked evidence of an ongoing political profile or continuing, personalized threats since 2010 and could not show his persecutors remain a realistic threat; therefore the RPD determination that he is neither a Convention refugee nor a person in need of protection was confirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed; appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act; RPD decision confirmed.