VB8-02168

VB8-02168

The RAD dismissed the Minister's appeal and confirmed the RPD decision because the Minister failed to rebut the presumption of credibility; the RPD's credibility finding was reasonable and supported by the record; the Respondents established nexus to Convention grounds on the basis of the Associate Respondent's gender and religion and the Principal Respondent's family membership; there is an objective risk of persecution and no effective state protection or viable internal flight alternative in Yemen given the security breakdown and the agent of persecution's militia role; the Minister's proffered documents were not admitted as new evidence and no oral hearing was warranted.

Citation
VB8-02168
Parties
Principal Respondent: XXXX XXXX; Associate Respondent: XXXX XXXX; Appellant Minister: Minister (Appellant)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Decision on Confirmation of RPD Refugee Determination
Outcome
Appeal dismissed; RPD decision confirmed under s.111(1) IRPA
Legal Topics
Convention Refugee, Credibility Assessment, Nexus to Convention Ground, Internal Flight Alternative, State Protection, Gender Based Persecution
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Assessment Nexus to Convention Ground Internal Flight Alternative State Protection +1 more

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Parties

XXXX XXXX

Principal Respondent

XXXX XXXX

Associate Respondent

Minister (Appellant)

Appellant Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Decision on Confirmation of RPD Refugee Determination

Legal Issues

  1. 1 Whether the RPD erred in finding the Respondents are Convention refugees under s.96 IRPA
  2. 2 Whether the RPD erred in credibility findings
  3. 3 Whether nexus to Convention grounds (gender, religion, family membership) was established

Ratio Decidendi

The RAD dismissed the Minister's appeal and confirmed the RPD decision because the Minister failed to rebut the presumption of credibility; the RPD's credibility finding was reasonable and supported by the record; the Respondents established nexus to Convention grounds on the basis of the Associate Respondent's gender and religion and the Principal Respondent's family membership; there is an objective risk of persecution and no effective state protection or viable internal flight alternative in Yemen given the security breakdown and the agent of persecution's militia role; the Minister's proffered documents were not admitted as new evidence and no oral hearing was warranted.

Court Disposition

Appeal dismissed; RPD decision confirmed under s.111(1) IRPA

Orders

  • Appeal dismissed and Refugee Protection Division decision confirming Respondents as Convention refugees is confirmed
  • Minister's new evidence not accepted under s.110(4) IRPA