TB8-31328

TB8-31328

The RAD admitted the new evidence under s.110(4) IRPA (daughter's RPD decision, BOC, affidavit, medical documents), found that prior counsel's inadequate representation rendered the evidence previously unavailable, concluded the RPD's adverse credibility findings were microscopic and unsustainable in light of the new credible evidence establishing the appellants are genuine Sufi Gonabadi Dervishes, and substituted a decision that the appellants are Convention refugees because they face a serious possibility of persecution on religious grounds with no effective state protection or viable internal flight alternative.

Citation
TB8-31328
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 August 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / RAD Substituted Decision After Appeal (appeal Allowed)
Outcome
Appeal allowed; RPD decision set aside and substituted: appellants are Convention refugees.
Legal Topics
Convention Refugee Status, Credibility Assessment, New Evidence/admission (s.110(4) Irpa), Ineffective Assistance of Counsel, Persecution on Religious Grounds, Deference and RAD Role
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Status Credibility Assessment New Evidence/admission (s.110(4) Irpa) Ineffective Assistance of Counsel Persecution on Religious Grounds +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / RAD Substituted Decision After Appeal (appeal Allowed)

Legal Issues

  1. 1 Admissibility of new evidence under subsection 110(4) IRPA
  2. 2 Whether RPD credibility findings were microscopic and unsustainable
  3. 3 Whether appellants are Convention refugees on the basis of religion (Sufi Gonabadi Dervishes)

Ratio Decidendi

The RAD admitted the new evidence under s.110(4) IRPA (daughter's RPD decision, BOC, affidavit, medical documents), found that prior counsel's inadequate representation rendered the evidence previously unavailable, concluded the RPD's adverse credibility findings were microscopic and unsustainable in light of the new credible evidence establishing the appellants are genuine Sufi Gonabadi Dervishes, and substituted a decision that the appellants are Convention refugees because they face a serious possibility of persecution on religious grounds with no effective state protection or viable internal flight alternative.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellants are Convention refugees.

Orders

  • Set aside the Refugee Protection Division determination and substitute a determination that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the IRPA.
  • Admit the new evidence (daughter's RPD decision and BOC, daughter's affidavit, medical documents) under subsection 110(4) IRPA.