MB7-00822

MB7-00822

The RAD found the appellants credible, determined Chairperson's Guideline 4 applied to the female appellant, and concluded there was no viable internal flight alternative because the appellants' changed profile made them persons of interest whose locations would be revealed through mandatory tenant registration and inter-state police communication; state protection was therefore unavailable and the appellants qualify as Convention refugees, warranting setting aside the RPD decision under s.111(1) IRPA.

Citation
MB7-00822
Parties
Principal Appellant: XXXX XXXX; Female Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 September 2018
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal allowed; RPD decision set aside; appellants declared Convention refugees
Legal Topics
Convention Refugee, Internal Flight Alternative, Gender Based Persecution, Credibility Assessment, State Protection
Source Language
English
Immigration Refugee Law Convention Refugee Internal Flight Alternative Gender Based Persecution Credibility Assessment State Protection

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Female Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether Chairperson's Guideline 4 should have been applied to the female appellant
  3. 3 Whether a viable internal flight alternative (IFA) existed for the appellants

Ratio Decidendi

The RAD found the appellants credible, determined Chairperson's Guideline 4 applied to the female appellant, and concluded there was no viable internal flight alternative because the appellants' changed profile made them persons of interest whose locations would be revealed through mandatory tenant registration and inter-state police communication; state protection was therefore unavailable and the appellants qualify as Convention refugees, warranting setting aside the RPD decision under s.111(1) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; appellants declared Convention refugees

Orders

  • Set aside the Refugee Protection Division determination dated December 22, 2016
  • Substitute determination that the appellants are Convention refugees pursuant to subsection 111(1) of the Immigration and Refugee Protection Act