TB9-12615

TB9-12615

The RAD found that, notwithstanding unresolved credibility issues about events in Iran, credible corroborative evidence of the Appellants' sustained religious practice and proselytizing in Canada established on a balance of probabilities that they are genuine Christian converts and therefore persons at risk on the Convention ground of religion; the RPD's adverse finding on genuineness was an error and the RAD substituted a determination that the Appellants are Convention refugees.

Citation
TB9-12615
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 December 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons Issued)
Outcome
Appeal allowed; RPD decision set aside; RAD substitutes its own determination that the Appellants are Convention refugees
Legal Topics
Credibility, Sur Place Claim, Religious Conversion, Persecution, Procedural Fairness, Corroboration, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Credibility Sur Place Claim Religious Conversion Persecution Procedural Fairness +3 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons Issued)

Legal Issues

  1. 1 Whether the Appellants are genuine Christian converts
  2. 2 Whether the RPD's adverse credibility findings were justified
  3. 3 Whether the Appellants established a sur place claim and nexus to Convention grounds

Ratio Decidendi

The RAD found that, notwithstanding unresolved credibility issues about events in Iran, credible corroborative evidence of the Appellants' sustained religious practice and proselytizing in Canada established on a balance of probabilities that they are genuine Christian converts and therefore persons at risk on the Convention ground of religion; the RPD's adverse finding on genuineness was an error and the RAD substituted a determination that the Appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside; RAD substitutes its own determination that the Appellants are Convention refugees

Orders

  • Pursuant to IRPA s.111(1)(b) the RAD sets aside the RPD determination and substitutes a determination that the Appellants are Convention refugees
  • Appellants to be recognized as Convention refugees (per RAD reasons dated December 5, 2019)