MB6-07190

MB6-07190

The RAD found the RPD's adverse credibility findings unsupported by the evidentiary record: objective and corroborative evidence (testimony, passport, country documentation) established that the principal was subject to an arranged marriage, refused it, was targeted by a fatwa and faces a real risk of honour-based violence along with family members; state protection and internal flight were not available; accordingly the RAD set aside the RPD decision and substituted a determination that the appellants are Convention refugees under s.111(1) IRPA.

Citation
MB6-07190
Parties
Principal Appellant (mother): XXXX XXXX; Associated Appellant (child): XXXX XXXX XXXX; Associated Appellant (child): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 October 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) Under IRPA / Appeal to RAD Decided on the Record; RAD Set Aside RPD Decision and Substituted Its Own Determination Under S.111(1) IRPA
Outcome
Appeal allowed; RPD determination set aside; appellants found to be Convention refugees
Legal Topics
Convention Refugee, Credibility Assessment, Particular Social Group, Family and Honour Based Persecution, Standard of Review (rad)
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Assessment Particular Social Group Family and Honour Based Persecution Standard of Review (rad)

Case Brief

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Parties

XXXX XXXX

Principal Appellant (mother)

XXXX XXXX XXXX

Associated Appellant (child)

XXXX XXXX

Associated Appellant (child)

Procedural Posture

Refugee Appeal (refugee Appeal Division) Under IRPA / Appeal to RAD Decided on the Record; RAD Set Aside RPD Decision and Substituted Its Own Determination Under S.111(1) IRPA

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility finding
  2. 2 Whether objective and documentary evidence established risk of persecution (arranged marriage, fatwa, honour killing)
  3. 3 Whether state protection or internal flight alternative existed

Ratio Decidendi

The RAD found the RPD's adverse credibility findings unsupported by the evidentiary record: objective and corroborative evidence (testimony, passport, country documentation) established that the principal was subject to an arranged marriage, refused it, was targeted by a fatwa and faces a real risk of honour-based violence along with family members; state protection and internal flight were not available; accordingly the RAD set aside the RPD decision and substituted a determination that the appellants are Convention refugees under s.111(1) IRPA.

Court Disposition

Appeal allowed; RPD determination set aside; appellants found to be Convention refugees

Orders

  • Pursuant to s.111(1) IRPA the RPD decision is set aside and substituted: the appellants are determined to be Convention refugees