MB8-17370

MB8-17370

The RPD's rejection of the refugee claim is correct because the appellant's central allegations of ongoing threats and hiding from 2011–2014 were not credible given material omissions in the Basis of Claim Form and inconsistent evidence of regular public activity; absent credible evidence of continued targeting, and given that generalized crime risk or perceived wealth does not establish individualized persecution or a s.97 risk on the balance of probabilities, there is no serious possibility of persecution nor personal risk warranting protection; the RAD dismisses the appeal and confirms the RPD decision.

Citation
MB8-17370
Parties
Appellant: XXXXXXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 August 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Prospective Risk, Refugee Protection, Persecution, Generalized Violence
Source Language
English
Immigration Law Refugee Law International Protection Credibility Assessment Prospective Risk Refugee Protection Persecution Generalized Violence

Case Brief

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Parties

XXXXXXXX XXXX

Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the appellant's allegations of ongoing threats and hiding from 2011 to 2014 are credible
  2. 2 Whether there is a serious possibility of persecution on a Convention ground if the appellant returns to Haiti
  3. 3 Whether, on the balance of probabilities under s.97 IRPA, the appellant faces a personal risk of torture, threat to life or cruel and unusual treatment

Ratio Decidendi

The RPD's rejection of the refugee claim is correct because the appellant's central allegations of ongoing threats and hiding from 2011–2014 were not credible given material omissions in the Basis of Claim Form and inconsistent evidence of regular public activity; absent credible evidence of continued targeting, and given that generalized crime risk or perceived wealth does not establish individualized persecution or a s.97 risk on the balance of probabilities, there is no serious possibility of persecution nor personal risk warranting protection; the RAD dismisses the appeal and confirms the RPD decision.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division rejecting refugee protection claim is confirmed