TB7-05972

TB7-05972

The RAD admitted the appellants' new evidence under s.110(4) IRPA and Raza criteria, found that the RPD erred in its assessment and weight of identity and corroborating documents and in finding appellants failed to take reasonable steps to obtain Eritrean IDs, concluded appellants established Eritrean nationality on a balance of probabilities and a serious possibility of persecution (imputed political opinion and compulsory indefinite national service) in Eritrea, and therefore set aside the RPD decision and substituted a finding that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Citation
TB7-05972
Parties
Principal Appellant: XXXX XXXX XXXX; Secondary Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 November 2017
Procedural Posture
Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal; RAD Substituted RPD Determination
Outcome
Appeal allowed; RPD decision set aside and substituted
Legal Topics
Convention Refugee Status, Identity Documentation, Admissibility of New Evidence, Standard of Review, Country Conditions (eritrea), Well Founded Fear of Persecution, Subsection 110(4) IRPA, Subsection 111(1)(b) IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status Identity Documentation Admissibility of New Evidence Standard of Review Country Conditions (eritrea) +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Secondary Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal; RAD Substituted RPD Determination

Legal Issues

  1. 1 Whether appellants established Eritrean nationality and identity on a balance of probabilities
  2. 2 Whether the RPD erred in weighing identity documents and in finding appellants failed to take reasonable steps to obtain Eritrean identity documents
  3. 3 Whether new evidence filed on appeal met subsection 110(4) IRPA and Raza criteria and should be admitted

Ratio Decidendi

The RAD admitted the appellants' new evidence under s.110(4) IRPA and Raza criteria, found that the RPD erred in its assessment and weight of identity and corroborating documents and in finding appellants failed to take reasonable steps to obtain Eritrean IDs, concluded appellants established Eritrean nationality on a balance of probabilities and a serious possibility of persecution (imputed political opinion and compulsory indefinite national service) in Eritrea, and therefore set aside the RPD decision and substituted a finding that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and substituted

Orders

  • Set aside the Refugee Protection Division decision and substitute a determination that the appellants are Convention refugees pursuant to subsection 111(1)(b) of the Immigration and Refugee Protection Act