TC0-09251

TC0-09251

Although the RPD made adverse credibility findings regarding delay in claiming asylum, failure to claim in South Africa and some inconsistencies, the RAD found that the corroborative documentary evidence (MDC letter, MDC membership cards for the Principal Appellant and her late father, newspaper article, family affidavits) established on a balance of probabilities that the Principal Appellant is an MDC member and that the family are known opposition supporters; given credible country conditions showing state-sponsored or tolerated violence against MDC supporters and lack of state protection or viable internal flight alternative, the RAD substituted the RPD decision and concluded the...

Citation
TC0-09251
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 April 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons and Substituted Decision)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees on basis of real or imputed political opinion
Legal Topics
Convention Refugee, Credibility Findings, New Evidence Admission, State Protection, Internal Flight Alternative, Delay in Claiming Asylum, Political Opinion
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Findings New Evidence Admission State Protection Internal Flight Alternative +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons and Substituted Decision)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether documentary evidence establishes membership in MDC on balance of probabilities
  3. 3 Admissibility of new evidence submitted after RPD decision

Ratio Decidendi

Although the RPD made adverse credibility findings regarding delay in claiming asylum, failure to claim in South Africa and some inconsistencies, the RAD found that the corroborative documentary evidence (MDC letter, MDC membership cards for the Principal Appellant and her late father, newspaper article, family affidavits) established on a balance of probabilities that the Principal Appellant is an MDC member and that the family are known opposition supporters; given credible country conditions showing state-sponsored or tolerated violence against MDC supporters and lack of state protection or viable internal flight alternative, the RAD substituted the RPD decision and concluded the...

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees on basis of real or imputed political opinion

Orders

  • Substitute decision that the Appellants are Convention refugees pursuant to paragraph 111(1)(b) of the IRPA
  • Decline to admit the Appellants' late evidence submitted in response to the Minister's intervention