VB9-00087

VB9-00087

The RAD allowed the Principal Appellant's appeal because the RPD erred in refusing to accept probative objective evidence that post-dated the NDP and demonstrated a deteriorating and violent situation for Anglophones; combined with evidence that returnees and failed asylum seekers face detention and targeting, the Principal Appellant as an Anglophone returnee faces more than a mere possibility of persecution and is a Convention refugee.

Citation
VB9-00087
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 December 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad)
Outcome
Appeal allowed in part; Principal Appellant declared a Convention refugee; appeals of minor Appellants dismissed.
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, Evidence Admissibility, Country Conditions, Particular Social Group, Political Opinion, Returnees and Post Deportation Risk
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Well Founded Fear of Persecution Evidence Admissibility Country Conditions Particular Social Group +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD erred in refusing to accept objective evidence submitted by the Appellants
  2. 2 Whether the Principal Appellant, as an Anglophone returnee and failed asylum seeker, has a well-founded fear of persecution in Cameroon on Convention grounds
  3. 3 Whether the minor Appellants can safely return to the United States

Ratio Decidendi

The RAD allowed the Principal Appellant's appeal because the RPD erred in refusing to accept probative objective evidence that post-dated the NDP and demonstrated a deteriorating and violent situation for Anglophones; combined with evidence that returnees and failed asylum seekers face detention and targeting, the Principal Appellant as an Anglophone returnee faces more than a mere possibility of persecution and is a Convention refugee.

Court Disposition

Appeal allowed in part; Principal Appellant declared a Convention refugee; appeals of minor Appellants dismissed.

Orders

  • Pursuant to section 111(1)(b) of the IRPA, the RAD sets aside the RPD determination and substitutes its own determination that the Principal Appellant is a Convention refugee.
  • The appeals of the minor Appellants are dismissed.