MB7-07487

MB7-07487

The RAD allowed the appeal, finding the RPD erred in its credibility assessment and in concluding a viable IFA existed; on the evidence (testimony and documentary country material on police practices and the tenant verification/CCTNS systems) the appellants face a serious possibility of persecution by Punjab police based on an imputed political opinion and no adequate state protection or safe IFA exists, therefore the appellants are Convention refugees.

Citation
MB7-07487
Parties
Appellant (male): XXXX XXXX XXXX; Appellant (female): XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 June 2019
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Decision on Appeal (reasons and Decision Issued June 27, 2019)
Outcome
Appeal allowed; RPD decision set aside and substituted with RAD determination that the appellants are Convention refugees
Legal Topics
Convention Refugee Status, Credibility Assessment, Internal Flight Alternative (ifa), State Protection, Gender Based Persecution, Police Misconduct, Tenant Verification System, Imputed Political Opinion
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Law Convention Refugee Status Credibility Assessment Internal Flight Alternative (ifa) State Protection Gender Based Persecution +3 more

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Parties

XXXX XXXX XXXX

Appellant (male)

XXXX XXXX

Appellant (female)

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Decision on Appeal (reasons and Decision Issued June 27, 2019)

Legal Issues

  1. 1 Whether the appellants meet the definition of Convention refugee
  2. 2 Whether the RPD erred in its credibility findings
  3. 3 Whether adequate state protection exists

Ratio Decidendi

The RAD allowed the appeal, finding the RPD erred in its credibility assessment and in concluding a viable IFA existed; on the evidence (testimony and documentary country material on police practices and the tenant verification/CCTNS systems) the appellants face a serious possibility of persecution by Punjab police based on an imputed political opinion and no adequate state protection or safe IFA exists, therefore the appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and substituted with RAD determination that the appellants are Convention refugees

Orders

  • Appeal allowed
  • The determination of the Refugee Protection Division is set aside