MB9-05228

MB9-05228

The RAD found the RPD erred by basing serious negative credibility findings on minor omissions and inconsistencies, admitted the proffered new documentary evidence, concluded effective state protection and internal relocation were not available, and therefore set aside the RPD decision and substituted a finding that the Principal and Associate Appellants are Convention refugees; the Minor Appellant's appeal was dismissed for lack of risk on return to the United States.

Citation
MB9-05228
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 August 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeals of the Principal and Associate Appellants allowed; RPD decision set aside and substituted finding that they are Convention refugees. Appeal of the Minor Appellant dismissed and RPD decision confirmed.
Legal Topics
Convention Refugee Designation, Credibility Assessment, New Evidence Admissibility, State Protection, Internal Flight Alternative, Procedural Fairness / Bias, Gender Related Persecution Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Designation Credibility Assessment New Evidence Admissibility State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings regarding the Principal and Associate Appellants
  2. 2 Whether the RAD should admit and consider new evidence
  3. 3 Whether effective state protection is available in Pakistan

Ratio Decidendi

The RAD found the RPD erred by basing serious negative credibility findings on minor omissions and inconsistencies, admitted the proffered new documentary evidence, concluded effective state protection and internal relocation were not available, and therefore set aside the RPD decision and substituted a finding that the Principal and Associate Appellants are Convention refugees; the Minor Appellant's appeal was dismissed for lack of risk on return to the United States.

Court Disposition

Appeals of the Principal and Associate Appellants allowed; RPD decision set aside and substituted finding that they are Convention refugees. Appeal of the Minor Appellant dismissed and RPD decision confirmed.

Orders

  • Admit four documents dated 2019 as new evidence (court petition, court order, police complaint, NGO letter)
  • Pursuant to paragraph 111(1)(b) IRPA set aside the RPD determination and substitute the RAD determination that the Principal and Associate Appellants are Convention refugees