TB4-10011

TB4-10011

RAD set aside the RPD decision and substituted that the appellants are Convention refugees because the objective and documentary evidence establish that Ahmadis in Pakistan are denied religious freedom by the state and face a serious possibility of persecution, Rabwah is not a viable internal flight alternative, and the RPD's adverse credibility and subjective fear findings were not sufficiently supported by the evidence.

Citation
TB4-10011
Parties
Appellant (female): XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Appellant (male): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 January 2015
Procedural Posture
Refugee Appeal (convention Refugee Claim) / Decision on Appeal by Refugee Appeal Division (substitution Pursuant to S.111(1)(b) Irpa)
Outcome
Appeal allowed. RPD decision set aside and substituted: appellants declared Convention refugees.
Legal Topics
Convention Refugee, Internal Flight Alternative, Credibility, Religious Persecution, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Internal Flight Alternative Credibility Religious Persecution Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Appellant (female)

XXXX XXXX XXXX

Appellant (male)

Procedural Posture

Refugee Appeal (convention Refugee Claim) / Decision on Appeal by Refugee Appeal Division (substitution Pursuant to S.111(1)(b) Irpa)

Legal Issues

  1. 1 Standard of review applicable to RAD
  2. 2 Failure to conduct s.97 analysis
  3. 3 Credibility of appellants' testimony

Ratio Decidendi

RAD set aside the RPD decision and substituted that the appellants are Convention refugees because the objective and documentary evidence establish that Ahmadis in Pakistan are denied religious freedom by the state and face a serious possibility of persecution, Rabwah is not a viable internal flight alternative, and the RPD's adverse credibility and subjective fear findings were not sufficiently supported by the evidence.

Court Disposition

Appeal allowed. RPD decision set aside and substituted: appellants declared Convention refugees.

Orders

  • Pursuant to s.111(1)(b) IRPA the RAD sets aside the RPD determination and substitutes its determination that the appellants are Convention refugees.