TC0-08821

Despite credibility concerns, correcting the appellants' ethnicity to Amhara and considering admissible updated country condition evidence plus credible personal letters established a reasonable chance of being targeted for political opinion and ethnicity in Dire Dawa, and state protection or safe internal relocation was not available; therefore the RAD allowed the appeal and granted refugee protection.

Citation: TC0-08821
Parties: Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 22 March 2021
Procedural Posture: Refugee Appeal (refugee Appeal Division) / Decision Reasons for Decision (appeal Allowed)
Outcome: Appeal allowed; RAD substitutes its own decision granting the appellants refugee protection.
Legal Topics: Credibility, Country Conditions, New Evidence on Appeal, Ethnicity, Political Opinion, State Protection, Internal Relocation
Source Language: English

Immigration Law Refugee Law Administrative Law Credibility Country Conditions New Evidence on Appeal Ethnicity Political Opinion +2 more

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Full judgment text Legal principles 4 Authorities cited 3 Party arguments 2

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision Reasons for Decision (appeal Allowed)

Legal Issues

1 Admissibility and weight of new evidence on appeal
2 Credibility of the Principal Appellant
3 Mischaracterization of appellants' ethnicity by the RPD

Ratio Decidendi

Court Disposition

Appeal allowed; RAD substitutes its own decision granting the appellants refugee protection.

Orders

Appeal allowed
Appellants' claims for refugee protection granted