2 total
Judicial review dismissed; RAD reasonably concluded risk of crime based on perceived wealth was generalized.
The applicant, a citizen of Haiti, sought judicial review of a decision by the Refugee Appeal Division confirming the rejection of his refugee claim.
The applicant feared returning to Haiti due to violence motivated by his family's perceived wealth and his status as a member of the diaspora.
The Federal Court held that the RAD reasonably concluded the applicant faced a generalized risk, not a personal one, as crime in Haiti affects all segments of society, and dismissed the application.
Judicial review dismissed; RAD's risk analysis after exclusion finding had no impact on outcome.
The applicant, a Haitian citizen and permanent resident of Brazil, applied for judicial review of a Refugee Appeal Division (RAD) decision dismissing her appeal.
The RAD had found her excluded from refugee protection under Article 1E of the Convention and section 98 of the IRPA, and then analyzed her alleged fear of persecution in Brazil.
The applicant argued the RAD erred by conducting a risk analysis after an exclusion finding.
The Federal Court dismissed the application, noting the applicant had raised the risk in Brazil before the RAD, and any error in analyzing it would not affect the unchallenged conclusion that she was excluded from protection.
