TB6-00147

TB6-00147

The RAD set aside the RPD decision because the Appellants' Somali identity was established by the affidavit, sale documentation and corroborative witness testimony and, applying UNHCR country profiles showing real risk to women, children and minority-clan members in Somalia, the Appellants meet the definition of Convention refugees.

Citation
TB6-00147
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 September 2017
Procedural Posture
Refugee Appeal Under IRPA / Redetermination of the Appeal Before the Refugee Appeal Division (rad)
Outcome
Appeal allowed; RAD sets aside the RPD determination and substitutes its own determination that the Appellants are Convention refugees.
Legal Topics
Convention Refugee Status, Credibility Assessment, Identity Documentation, Risk Profiles (women, Children, Minority Clan), Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status Credibility Assessment Identity Documentation Risk Profiles (women, Children, Minority Clan) Standard of Review

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under IRPA / Redetermination of the Appeal Before the Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the Appellants established Somali citizenship/identity
  2. 2 Whether the RPD erred in its credibility findings regarding oral testimony and documentary evidence
  3. 3 Whether the Appellants fall within Convention refugee grounds or are persons in need of protection based on UNHCR risk profiles

Ratio Decidendi

The RAD set aside the RPD decision because the Appellants' Somali identity was established by the affidavit, sale documentation and corroborative witness testimony and, applying UNHCR country profiles showing real risk to women, children and minority-clan members in Somalia, the Appellants meet the definition of Convention refugees.

Court Disposition

Appeal allowed; RAD sets aside the RPD determination and substitutes its own determination that the Appellants are Convention refugees.

Orders

  • Appeal allowed
  • RPD decision dated December 9, 2015 set aside