TC0-06533

TC0-06533

The RAD set aside the RPD decision and found that cumulative past mistreatment since 2018, corroborated by objective country‑conditions evidence including newly admitted articles and the absence of effective state protection or safe internal relocation, establishes a serious possibility of persecution on account of the Appellants' perceived Tigrayan ethnicity; therefore they qualify as Convention refugees.

Citation
TC0-06533
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 February 2021
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
RPD decision set aside and substituted: Appellants declared Convention refugees
Legal Topics
Convention Refugee, Persecution, Country Conditions, Admission of New Evidence, Standard of Review, Relocation as Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Persecution Country Conditions Admission of New Evidence Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred by failing to find past mistreatment cumulatively amounted to persecution
  2. 2 Whether the RPD applied incorrect legal test for serious possibility under section 96 of IRPA
  3. 3 Whether objective country conditions and newly admitted evidence establish a forward‑looking risk for perceived Tigrayan ethnicity

Ratio Decidendi

The RAD set aside the RPD decision and found that cumulative past mistreatment since 2018, corroborated by objective country‑conditions evidence including newly admitted articles and the absence of effective state protection or safe internal relocation, establishes a serious possibility of persecution on account of the Appellants' perceived Tigrayan ethnicity; therefore they qualify as Convention refugees.

Court Disposition

RPD decision set aside and substituted: Appellants declared Convention refugees

Orders

  • Pursuant to s.111(1)(b) IRPA the decision of the Refugee Protection Division dated February 13, 2020 is set aside and substituted: the Appellants are Convention refugees.