TB6-06147

TB6-06147

The RAD found that the affidavit of the Appellant's associate and the Canadian medical report (with photographs) met s.110(4) and, after assessing credibility, relevance and materiality, constituted clear and convincing evidence of injuries consistent with the Appellant’s account of beatings and possible torture by Egyptian authorities. The RAD therefore concluded the RPD erred, set aside the RPD decision under s.111(1)(b), found a nexus to perceived political opinion, found no state protection or internal flight alternative, and substituted a determination that the Appellant is a Convention refugee.

Citation
TB6-06147
Parties
Appellant / Person Subject of the Appeal: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 August 2016
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division Substituting RPD Determination
Outcome
RPD decision set aside; RAD substitutes its determination that the Appellant is a Convention refugee
Legal Topics
Convention Refugee, Admissibility of New Evidence Under S.110(4) IRPA, Credibility Assessment, Standard of Review for RAD, Nexus to Convention Grounds
Source Language
English
Immigration Refugee Law Administrative Law Evidence Convention Refugee Admissibility of New Evidence Under S.110(4) IRPA Credibility Assessment Standard of Review for RAD +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Appellant / Person Subject of the Appeal

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division Substituting RPD Determination

Legal Issues

  1. 1 Whether new evidence meets s.110(4) IRPA and should be admitted on appeal
  2. 2 Whether the RPD erred in assessing plausibility of the Appellant's exit from Egypt
  3. 3 Whether the RPD erred in rejecting corroborating evidence and testimony as not credible

Ratio Decidendi

The RAD found that the affidavit of the Appellant's associate and the Canadian medical report (with photographs) met s.110(4) and, after assessing credibility, relevance and materiality, constituted clear and convincing evidence of injuries consistent with the Appellant’s account of beatings and possible torture by Egyptian authorities. The RAD therefore concluded the RPD erred, set aside the RPD decision under s.111(1)(b), found a nexus to perceived political opinion, found no state protection or internal flight alternative, and substituted a determination that the Appellant is a Convention refugee.

Court Disposition

RPD decision set aside; RAD substitutes its determination that the Appellant is a Convention refugee

Orders

  • Set aside the Refugee Protection Division determination
  • Substitute determination that the Appellant is a Convention refugee pursuant to s.111(1)(b) IRPA