TB7-12739

TB7-12739

The RAD set aside the RPD regarding the Principal Appellant because credible new evidence and country documentation establish she is a politically active HDP member about whom police are actively inquiring, creating an objective basis for a well-founded fear linked to political opinion; the RAD confirmed the RPD regarding the minors because there was insufficient evidence that they would face persecution as Kurds and the male minor's risk from conscription is a generalized lawful sanction excluded from protection under s97.

Citation
TB7-12739
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX; Minor Appellant (male): XXXX XXXX XXXX; Minor Appellant (female): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2018
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal allowed in part: Principal Appellant found to be a Convention refugee; appeals of the Minor Appellants dismissed.
Legal Topics
Convention Refugee, Person in Need of Protection, Admissibility of New Evidence, Gender Based Claim, Military Conscription, Credibility, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Admissibility of New Evidence Gender Based Claim Military Conscription +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant (male)

XXXX XXXX XXXX

Minor Appellant (female)

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the Principal Appellant is a Convention refugee due to HDP political activity and police interest
  2. 2 Whether the minor children, as Kurds, have an objective basis for their subjective fear of persecution
  3. 3 Whether new evidence should be admitted under RAD Rule 29 and IRPA s110(4)

Ratio Decidendi

The RAD set aside the RPD regarding the Principal Appellant because credible new evidence and country documentation establish she is a politically active HDP member about whom police are actively inquiring, creating an objective basis for a well-founded fear linked to political opinion; the RAD confirmed the RPD regarding the minors because there was insufficient evidence that they would face persecution as Kurds and the male minor's risk from conscription is a generalized lawful sanction excluded from protection under s97.

Court Disposition

Appeal allowed in part: Principal Appellant found to be a Convention refugee; appeals of the Minor Appellants dismissed.

Orders

  • Admit into evidence letters dated 27 July 2017 and 25 July 2017 under RAD Rule 29
  • Confirm RPD decision for the Minor Appellants that they are neither Convention refugees nor persons in need of protection