TB9-09183

TB9-09183

The RAD substituted the RPD decision and found on the balance of probabilities that the Principal Appellant converted to the Baha'i faith based on credible membership documents and testimony, that documentary country evidence establishes a serious possibility of persecution for Baha'is in Iran, and that no state protection or internal flight alternative exists; accordingly the Appellants are Convention refugees.

Citation
TB9-09183
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons and Decision on Appeal (substitution)
Outcome
Appeal allowed; RPD decision set aside and substituted with a determination that the Appellants are Convention refugees
Legal Topics
Convention Refugee, Sur Place Claim, Credibility Assessment, New Evidence (s.110(4)), Natural Justice, Internal Flight Alternative, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Sur Place Claim Credibility Assessment New Evidence (s.110(4)) Natural Justice +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons and Decision on Appeal (substitution)

Legal Issues

  1. 1 Whether the Principal Appellant genuinely converted to the Baha'i faith
  2. 2 Whether the RPD breached natural justice by failing to hear the second witness
  3. 3 Whether new evidence (membership card and declarations) is admissible under IRPA s.110(4) and Rule 29

Ratio Decidendi

The RAD substituted the RPD decision and found on the balance of probabilities that the Principal Appellant converted to the Baha'i faith based on credible membership documents and testimony, that documentary country evidence establishes a serious possibility of persecution for Baha'is in Iran, and that no state protection or internal flight alternative exists; accordingly the Appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and substituted with a determination that the Appellants are Convention refugees

Orders

  • Set aside the determination of the Refugee Protection Division and substitute a determination that the Appellants are Convention refugees