TB8-26415

TB8-26415

The RAD dismissed the appeal because the RPD adequately considered and elicited testimony on the Minister's intervention, properly accepted the Respondents' credible evidence, and the Minister failed to discharge the burden of proving Article 1E exclusion (no documentary evidence of Zimbabwean status conferring rights comparable to nationals); therefore the RPD's grant of refugee protection was correct and not tainted by breach of natural justice.

Citation
TB8-26415
Parties
Principal Respondent: XXXX XXXX XXXX; Associate Respondent: XXXX XXXX; Associate Respondent: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 December 2019
Procedural Posture
Refugee Protection Appeal / Appeal Decision
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Credibility, Exclusion Under Article 1 E, Procedural Fairness, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Credibility Exclusion Under Article 1 E Procedural Fairness State Protection Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX XXXX

Principal Respondent

XXXX XXXX

Associate Respondent

XXXX XXXX XXXX

Associate Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the RPD breached natural justice by not addressing the Minister's intervention
  2. 2 Whether the Respondents were credible
  3. 3 Whether the Respondents are excluded under Article 1E of the Refugee Convention

Ratio Decidendi

The RAD dismissed the appeal because the RPD adequately considered and elicited testimony on the Minister's intervention, properly accepted the Respondents' credible evidence, and the Minister failed to discharge the burden of proving Article 1E exclusion (no documentary evidence of Zimbabwean status conferring rights comparable to nationals); therefore the RPD's grant of refugee protection was correct and not tainted by breach of natural justice.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed; decision of the Refugee Protection Division confirmed that the Respondents are Convention refugees.