TB8-29358

TB8-29358

The RAD set aside the RPD decision because the RPD accepted the spouse's credibility and objective evidence of persecution yet failed to explain why that same credible evidence did not apply to the PA and her Sudanese children; on review the RAD found the PA and two Sudanese MAs are Convention refugees based on imputed political opinion and membership of the Berti tribe as family of the accepted claimant.

Citation
TB8-29358
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant (sudanese): XXXX XXXX XXXX XXXX; Minor Appellant (sudanese): AXXXX XXXX XXXX XXXX; Minor Appellant (american): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 February 2019
Procedural Posture
Refugee Protection Appeal / RAD Final Decision Set Aside and Substitute in Part
Outcome
Appeal allowed in part: PA and two Sudanese minor appellants found to be Convention refugees; American minor appellant's appeal dismissed.
Legal Topics
Convention Refugee, Imputed Political Opinion, Ethnicity Based Persecution, Credibility Findings, Internal Flight Alternative/state Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Imputed Political Opinion Ethnicity Based Persecution Credibility Findings Internal Flight Alternative/state Protection

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant (sudanese)

AXXXX XXXX XXXX XXXX

Minor Appellant (sudanese)

XXXX XXXX XXXX

Minor Appellant (american)

Procedural Posture

Refugee Protection Appeal / RAD Final Decision Set Aside and Substitute in Part

Legal Issues

  1. 1 Whether the RPD erred in failing to apply its credible findings about the spouse to the appellants
  2. 2 Whether the appellants qualify as Convention refugees on grounds of imputed political opinion and ethnicity
  3. 3 Whether state protection or internal flight alternative was available

Ratio Decidendi

The RAD set aside the RPD decision because the RPD accepted the spouse's credibility and objective evidence of persecution yet failed to explain why that same credible evidence did not apply to the PA and her Sudanese children; on review the RAD found the PA and two Sudanese MAs are Convention refugees based on imputed political opinion and membership of the Berti tribe as family of the accepted claimant.

Court Disposition

Appeal allowed in part: PA and two Sudanese minor appellants found to be Convention refugees; American minor appellant's appeal dismissed.

Orders

  • Set aside the RPD determination regarding the principal appellant and the two Sudanese minor appellants and substitute a finding that they are Convention refugees pursuant to s.111(1)(b) of the IRPA
  • Confirm the RPD determination regarding the American minor appellant; appeal dismissed pursuant to s.111(1)(a) of the IRPA