TB9-21535

TB9-21535

The RAD found the RPD erred in concluding that recent political reforms in Ethiopia eliminated a serious possibility of persecution; the situation remains evolving with credible evidence of continued risk and ethnic tensions, state protection is uncertain and no safe IFA exists, therefore the appellants satisfy the Convention refugee definition and the RPD determination is set aside under s.111(1)(b) IRPA.

Citation
TB9-21535
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2020
Procedural Posture
Refugee Protection Appeal / Decision of Refugee Appeal Division on Appeal From RPD
Outcome
Appeals allowed; RPD determination set aside and substituted
Legal Topics
Convention Refugee, Serious Possibility of Persecution, State Protection, Internal Flight Alternative, Article 1 E Exclusion, New Evidence and Oral Hearing Under S.110(4) IRPA
Source Language
English
Immigration Refugee Law International Law Convention Refugee Serious Possibility of Persecution State Protection Internal Flight Alternative Article 1 E Exclusion +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

Procedural Posture

Refugee Protection Appeal / Decision of Refugee Appeal Division on Appeal From RPD

Legal Issues

  1. 1 Whether the RPD erred in assessing country conditions and in finding the appellants would not face a serious possibility of persecution if returned to Ethiopia
  2. 2 Whether adequate state protection or a safe internal flight alternative exists for the appellants

Ratio Decidendi

The RAD found the RPD erred in concluding that recent political reforms in Ethiopia eliminated a serious possibility of persecution; the situation remains evolving with credible evidence of continued risk and ethnic tensions, state protection is uncertain and no safe IFA exists, therefore the appellants satisfy the Convention refugee definition and the RPD determination is set aside under s.111(1)(b) IRPA.

Court Disposition

Appeals allowed; RPD determination set aside and substituted

Orders

  • The determination of the Refugee Protection Division is set aside pursuant to s.111(1)(b) IRPA
  • Substituted determination that the appellants are Convention refugees with a well‑founded fear of persecution for political opinion