MB8-00150

MB8-00150

On the balance of probabilities the appellant failed to establish a personalized risk distinct from the generalized criminality in Haiti; her past incidents were isolated, there was no evidence of ongoing targeting or nexus to a Convention ground, and therefore she is neither a Convention refugee nor a person in need of protection under subsection 97(1) IRPA.

Citation
MB8-00150
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 November 2018
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Personalized Risk Vs Generalized Risk, Credibility Findings, Nexus to Convention Grounds, Application of Gender Related Refugee Guidelines
Source Language
English
Immigration Refugee Law Criminal Law Personalized Risk Vs Generalized Risk Credibility Findings Nexus to Convention Grounds Application of Gender Related Refugee Guidelines

Case Brief

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the appellant is a Convention refugee under subsection 97(1) IRPA
  2. 2 Whether the appellant is a person in need of protection under subsection 97(1) IRPA
  3. 3 Whether the RPD erred in credibility findings

Ratio Decidendi

On the balance of probabilities the appellant failed to establish a personalized risk distinct from the generalized criminality in Haiti; her past incidents were isolated, there was no evidence of ongoing targeting or nexus to a Convention ground, and therefore she is neither a Convention refugee nor a person in need of protection under subsection 97(1) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed that XXXX XXXX is not a Convention refugee or person in need of protection pursuant to subsection 111(1) of the Immigration and Refugee Protection Act