TB9-21375

TB9-21375

The RAD allowed the appeal and substituted its own determination that the Appellants are Convention refugees because the evidence established a nexus to the Principal Appellant's political opinion, credible incidents of politically motivated attacks and threats, corroborating country information showing Biplav Maoist violence and weakened state protection, and no viable internal flight alternative, such that the Appellants face a serious possibility of persecution on return to Nepal.

Citation
TB9-21375
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 January 2020
Procedural Posture
Refugee Appeal / RAD Decision
Outcome
Appeal allowed; RPD determination set aside and substituted with RAD determination that Appellants are Convention refugees.
Legal Topics
Convention Refugee, Political Opinion, State Protection, Internal Flight Alternative, Land Disputes, Persecution, Standard of Review
Source Language
English
Immigration Refugee Protection Administrative Law Convention Refugee Political Opinion State Protection Internal Flight Alternative Land Disputes +2 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / RAD Decision

Legal Issues

  1. 1 Whether the Appellants face a serious possibility of persecution on return to Nepal
  2. 2 Whether there is nexus between persecution and the Principal Appellant's political opinion
  3. 3 Whether adequate state protection or a viable internal flight alternative exists

Ratio Decidendi

The RAD allowed the appeal and substituted its own determination that the Appellants are Convention refugees because the evidence established a nexus to the Principal Appellant's political opinion, credible incidents of politically motivated attacks and threats, corroborating country information showing Biplav Maoist violence and weakened state protection, and no viable internal flight alternative, such that the Appellants face a serious possibility of persecution on return to Nepal.

Court Disposition

Appeal allowed; RPD determination set aside and substituted with RAD determination that Appellants are Convention refugees.

Orders

  • Set aside the determination of the Refugee Protection Division.
  • Pursuant to section 111(1)(b) of the IRPA, substitute the RPD determination with a determination that the Appellants are Convention refugees.