MB8-22145

MB8-22145

The RAD confirmed the RPD's decision for the minors because there was no established nexus between the risk of separation in the United States and a Convention ground and the risk was a generalized one excluded by s.97 IRPA; the RAD allowed the Principal Appellant's appeal and found she is a Convention refugee on the basis of imputed political opinion linked to her husband's high profile alleged association with the Gulen movement and the real risk of detention, ill‑treatment and lack of state protection in Turkey; the post‑decision documents were not admitted because they were either reasonably obtainable before the RPD hearing or untranslated and therefore inadmissible under s.110(4) IRPA.

Citation
MB8-22145
Parties
Appellant (principal): Principal Appellant (anonymized); Appellants (minors): Minor Appellants (anonymized); Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 September 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division Under IRPA / RAD Reasons and Decision (appeal From RPD Determination)
Outcome
RAD dismisses appeals of the minor appellants and confirms RPD decision; RAD allows Principal Appellant's appeal and substitutes a finding that she is a Convention refugee; application to admit new evidence denied.
Legal Topics
Convention Refugee, Person in Need of Protection, Imputed Political Opinion, State Protection, Delay in Claiming Asylum, Admissibility of New Evidence, Best Interests of the Child
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Imputed Political Opinion State Protection +3 more

Case Brief

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Parties

Principal Appellant (anonymized)

Appellant (principal)

Minor Appellants (anonymized)

Appellants (minors)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Appeal to Refugee Appeal Division Under IRPA / RAD Reasons and Decision (appeal From RPD Determination)

Legal Issues

  1. 1 Whether Principal Appellant is a Convention refugee based on imputed political opinion as family member of a targeted former police officer
  2. 2 Whether minor appellants face persecution or need of protection in their country of citizenship (United States) due to separation from mother
  3. 3 Whether the RPD properly assessed delay in claiming asylum and credibility/asylum shopping

Ratio Decidendi

The RAD confirmed the RPD's decision for the minors because there was no established nexus between the risk of separation in the United States and a Convention ground and the risk was a generalized one excluded by s.97 IRPA; the RAD allowed the Principal Appellant's appeal and found she is a Convention refugee on the basis of imputed political opinion linked to her husband's high profile alleged association with the Gulen movement and the real risk of detention, ill‑treatment and lack of state protection in Turkey; the post‑decision documents were not admitted because they were either reasonably obtainable before the RPD hearing or untranslated and therefore inadmissible under s.110(4) IRPA.

Court Disposition

RAD dismisses appeals of the minor appellants and confirms RPD decision; RAD allows Principal Appellant's appeal and substitutes a finding that she is a Convention refugee; application to admit new evidence denied.

Orders

  • Appeals of the minor appellants dismissed and RPD decision confirmed pursuant to s.111(1)(a) IRPA
  • Appeal of the Principal Appellant allowed; RPD determination set aside and substituted: Principal Appellant is a Convention refugee pursuant to s.111(1)(b) IRPA