MB9-05086

MB9-05086

On independent review the RAD found the male appellant and the associate appellant credible and established that, if returned to Haiti, they face a serious possibility of persecution or, on a balance of probabilities, personal risk of torture, death or cruel and unusual treatment, set aside the RPD's decisions for those appellants and found them persons in need of protection; the minor US-born appellant's claim was dismissed.

Citation
MB9-05086
Parties
Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Reasons for Decision / Final Disposition
Outcome
Appeal allowed in part: RPD determinations set aside and substituted for two appellants who are persons in need of protection; minor appellant's appeal dismissed.
Legal Topics
Credibility Assessment, Refugee Protection, Persecution, Risk of Torture, Risk to Life, Cruel and Unusual Treatment, Internal Flight Alternative, Nexus to Convention Refugee Definition
Source Language
English
Immigration and Refugee Law Administrative Law Credibility Assessment Refugee Protection Persecution Risk of Torture Risk to Life Cruel and Unusual Treatment +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Reasons for Decision / Final Disposition

Legal Issues

  1. 1 Whether appellants demonstrated a serious possibility of persecution on return to Haiti
  2. 2 Whether appellants face personal risk of torture, risk to life or cruel and unusual treatment on balance of probabilities
  3. 3 Whether appellants were credible

Ratio Decidendi

On independent review the RAD found the male appellant and the associate appellant credible and established that, if returned to Haiti, they face a serious possibility of persecution or, on a balance of probabilities, personal risk of torture, death or cruel and unusual treatment, set aside the RPD's decisions for those appellants and found them persons in need of protection; the minor US-born appellant's claim was dismissed.

Court Disposition

Appeal allowed in part: RPD determinations set aside and substituted for two appellants who are persons in need of protection; minor appellant's appeal dismissed.

Orders

  • Set aside the RPD determination for the male appellant and substitute the determination that he is a person in need of protection
  • Set aside the RPD determination for the associate appellant and substitute the determination that she is a person in need of protection