TB9-24279

TB9-24279

The RPD's adverse credibility findings were based on overly microscopic and tangential inferences from omissions and timing of documents; medical and other evidence sufficiently supported the Appellants' accounts, there was no safe or reasonable internal flight alternative in Lebanon, and state protection was inadequate, therefore on a balance of probabilities the Appellants face a serious possibility of persecution and are Convention refugees.

Citation
TB9-24279
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Spousal Appellant: XXXX XXXX XXXX XXXX; First Minor Appellant: XXXX XXXX XXXX XXXX; Second Minor Appellant: XXXX XXXX XXXX XXXX; Third Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 November 2019
Procedural Posture
Refugee Appeal to Refugee Appeal Division Under IRPA / Decision on Appeal (reasons for Decision)
Outcome
Appeals allowed; RPD determination set aside and substituted
Legal Topics
Credibility, Internal Flight Alternative, State Protection, Convention Refugee Status, Mixed‑religious Marriage, Family Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Internal Flight Alternative State Protection Convention Refugee Status Mixed‑religious Marriage +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Spousal Appellant

XXXX XXXX XXXX XXXX

First Minor Appellant

XXXX XXXX XXXX XXXX

Second Minor Appellant

XXXX XXXX XXXX XXXX

Third Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division Under IRPA / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in treating omissions in the Swedish interview as fatal to credibility
  2. 2 Whether the RPD failed to properly assess medical and psycho‑social evidence
  3. 3 Whether the RPD erred in drawing adverse inferences from the Appellants' ability to leave Lebanon

Ratio Decidendi

The RPD's adverse credibility findings were based on overly microscopic and tangential inferences from omissions and timing of documents; medical and other evidence sufficiently supported the Appellants' accounts, there was no safe or reasonable internal flight alternative in Lebanon, and state protection was inadequate, therefore on a balance of probabilities the Appellants face a serious possibility of persecution and are Convention refugees.

Court Disposition

Appeals allowed; RPD determination set aside and substituted

Orders

  • Pursuant to s.111(1)(b) IRPA the RPD determination is set aside
  • Substituted determination that the adult Appellants are Convention refugees on the basis of religion and the minor Appellants are Convention refugees as children of a mixed‑religious marriage