VB9-00860

VB9-00860

The RAD allowed the appeal, set aside the RPD decision under s.111(1)(b) IRPA and substituted a determination that the Appellants are Convention refugees because the Principal Appellant and family were found credible, established nexus to political opinion through opposition to police corruption, and successfully rebutted the presumption of adequate state protection given that agents of the Peruvian state were the persecutors and no internal flight alternative exists.

Citation
VB9-00860
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2021
Procedural Posture
Refugee Protection Appeal / RAD Redetermination Under S.111(1)(b) IRPA Following Federal Court Remand
Outcome
Appeal allowed; RAD sets aside the RPD decision and substitutes its own determination that the Appellants are Convention refugees
Legal Topics
Credibility, State Protection, Convention Refugee, Political Opinion, Internal Flight Alternative, New Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility State Protection Convention Refugee Political Opinion Internal Flight Alternative +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / RAD Redetermination Under S.111(1)(b) IRPA Following Federal Court Remand

Legal Issues

  1. 1 Whether the Appellants established credibility
  2. 2 Whether there is nexus to a Convention ground (political opinion)
  3. 3 Whether the presumption of state protection is rebutted where state agents are perpetrators

Ratio Decidendi

The RAD allowed the appeal, set aside the RPD decision under s.111(1)(b) IRPA and substituted a determination that the Appellants are Convention refugees because the Principal Appellant and family were found credible, established nexus to political opinion through opposition to police corruption, and successfully rebutted the presumption of adequate state protection given that agents of the Peruvian state were the persecutors and no internal flight alternative exists.

Court Disposition

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

Orders

  • Set aside the RPD decision pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act
  • Substitute determination that the Appellants are Convention refugees