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The Federal Court upheld a PRRA refusal, finding the officer reasonably assessed risks from Jamaican police, gangs and returnee status on a personalized basis.
The RAD accepted the appellant's credibility, determined that she and two daughters are members of the social group "Haitian women returning to Haiti from abroad," and found that those appellants face a serious possibility of persecution (risk of sexual violence) coupled with absence of adequate state protection in Haiti, thereby qualifying them as Convention refugees; the appeal was denied for the US‑born son because he failed to establish risk in his country of birth (United States).
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The RAD confirmed the RPD because the appellants failed to establish, on objective country evidence, serious grounds for a well-founded fear of persecution tied to a Convention ground or that the state would be unable or unwilling to protect them; the risks claimed are generalized and country reports do not show that returnee status would subject them to persecution.
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The claims are rejected because the panel found the claimants not credible on the central allegations, there is no established nexus between the alleged harms and a Convention ground, and the harms alleged (including extortion and family conflict) amount to generalized criminal or private risks rather than individualized persecution within the meaning of sections 96 and 97 of the IRPA.
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On the balance of probabilities the claimant became a refugee sur place when he boarded the Ocean Lady; contemporaneous evidence establishes that Ocean Lady passengers were publicly suspected of LTTE links and that Sri Lankan authorities would identify, detain and likely torture or disappear such returnees; state protection is effectively absent and internal flight alternative is unavailable, therefore the claimant is a Convention refugee.
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Given post‑war changes in Sri Lanka, the claimant failed to establish on a balance of probabilities that he would face a personalized risk of persecution or torture on return; his core allegations were insufficiently credible and inadequately corroborated; risks of extortion and screening of returnees are generalized and do not meet the statutory tests under ss.96 or 97(1) IRPA, therefore protection is denied.
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The claimant is a Convention refugee because, despite a single prior fabrication, he is generally credible, was a passenger on the MV Sun Sea which Sri Lankan authorities associate with the LTTE, and on return would likely be detained, suspected of LTTE links and face a serious possibility of torture or other persecution.
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The claimant's risk of kidnapping is a generalized consequence of criminality in Haiti and is not linked to an enumerated ground or a cognizable particular social group; perception of wealth and status as a returnee are insufficient to satisfy ss.96-97, therefore the refugee protection claim is rejected.
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