TC0-12840

TC0-12840

The RPD erred in credibility findings; credible and consistent evidence, supported by psychiatric reports and country documentation, establishes that the Principal Appellant suffered domestic violence that amounts to persecution and that state protection is unavailable; relocation to any part of Pakistan including Islamabad is unreasonable given pervasive cultural and economic barriers for a single mother with children; the minor children face cumulative serious harm from witnessing ongoing domestic violence and pressure related to their Shia faith; accordingly, on substitution the Appellants meet the definition of Convention refugees.

Citation
TC0-12840
Parties
Principal Appellant and Mother: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 July 2021
Procedural Posture
Refugee Appeal (convention Refugee Claim) / Refugee Appeal Division Decision (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Convention Refugee, Gender Based Persecution, Domestic Violence, Internal Flight Alternative, State Protection, Children Witnessing Domestic Violence, Credibility Assessment
Source Language
English
Immigration Refugee Law Family Law Human Rights Convention Refugee Gender Based Persecution Domestic Violence Internal Flight Alternative +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant and Mother

XXXX XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Appeal (convention Refugee Claim) / Refugee Appeal Division Decision (substitution)

Legal Issues

  1. 1 Whether domestic violence occurred and whether it amounts to persecution
  2. 2 Whether Appellants face persecution on account of religion (Shia)
  3. 3 Availability of state protection in Pakistan

Ratio Decidendi

The RPD erred in credibility findings; credible and consistent evidence, supported by psychiatric reports and country documentation, establishes that the Principal Appellant suffered domestic violence that amounts to persecution and that state protection is unavailable; relocation to any part of Pakistan including Islamabad is unreasonable given pervasive cultural and economic barriers for a single mother with children; the minor children face cumulative serious harm from witnessing ongoing domestic violence and pressure related to their Shia faith; accordingly, on substitution the Appellants meet the definition of Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Substitute decision granting Convention refugee status to the Principal Appellant and the three Minor Associate Appellants
  • RAD acknowledges no new evidence and proceeds to substitute its decision under its jurisdiction