MB9-11227

MB9-11227

The appeal is dismissed because the RPD reasonably found the appellant's account not credible due to material contradictions, omissions regarding threats, and behaviour inconsistent with claimed fear; absent credible evidence of targeting on a Convention ground (diaspora or gender), the appellant and her US-citizen son do not meet the definitions of Convention refugee or person in need of protection.

Citation
MB9-11227
Parties
Appellant: XXXX XXXX; Dependent Minor: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed; appellants are not Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Exclusion Under Article 1 E, Particular Social Group, Gender Based Persecution, Diaspora Risk Assessment, Risk to Child, Evidence Weighting
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Exclusion Under Article 1 E Particular Social Group Gender Based Persecution Diaspora Risk Assessment +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Dependent Minor

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the appellant's claim is credible
  2. 2 Whether the appellant is excluded from Convention protection under Article 1E/s.98 IRPA (not disputed)
  3. 3 Whether membership in the Haitian diaspora constitutes a particular social group

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found the appellant's account not credible due to material contradictions, omissions regarding threats, and behaviour inconsistent with claimed fear; absent credible evidence of targeting on a Convention ground (diaspora or gender), the appellant and her US-citizen son do not meet the definitions of Convention refugee or person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are not Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed