VB8-01374

VB8-01374

The RAD found the RPD erred by failing to consider material documentary evidence and by applying the wrong standard of proof under s.96 (requiring balance of probabilities instead of the lower "serious possibility" standard); on independent assessment, objective country documentation and the testimonial record establish a serious possibility of persecution for the Principal Appellant, warranting a substituted finding that she is a Convention refugee under s.111(1)(b) IRPA, while the Associate appellants' claims fail because the adult lacks allegations of personal risk and the minor is entitled to Lebanese nationality and thus not a refugee.

Citation
VB8-01374
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 December 2018
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Final Decision on Appeal From Refugee Protection Division
Outcome
Principal Appellant's appeal allowed; RPD determination set aside and substituted with finding of Convention refugee under s.111(1)(b) IRPA. Appeals of adult Associate Appellant and Minor Associate Appellant dismissed and RPD decision confirmed under s.111(1)(a) IRPA.
Legal Topics
Credibility Assessment, Standard of Proof (s.96 Irpa), Convention Refugee Determination, Country of Origin Information, Nationality/citizenship Issues, Admissibility of New Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Standard of Proof (s.96 Irpa) Convention Refugee Determination Country of Origin Information Nationality/citizenship Issues +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Final Decision on Appeal From Refugee Protection Division

Legal Issues

  1. 1 Whether the RPD erred in its credibility finding regarding the Principal Appellant
  2. 2 Whether the RPD applied the correct standard of proof under s.96 IRPA
  3. 3 Whether the Principal Appellant established a serious possibility of persecution and is a Convention refugee under s.111(1)(b) IRPA

Ratio Decidendi

The RAD found the RPD erred by failing to consider material documentary evidence and by applying the wrong standard of proof under s.96 (requiring balance of probabilities instead of the lower "serious possibility" standard); on independent assessment, objective country documentation and the testimonial record establish a serious possibility of persecution for the Principal Appellant, warranting a substituted finding that she is a Convention refugee under s.111(1)(b) IRPA, while the Associate appellants' claims fail because the adult lacks allegations of personal risk and the minor is entitled to Lebanese nationality and thus not a refugee.

Court Disposition

Principal Appellant's appeal allowed; RPD determination set aside and substituted with finding of Convention refugee under s.111(1)(b) IRPA. Appeals of adult Associate Appellant and Minor Associate Appellant dismissed and RPD decision confirmed under s.111(1)(a) IRPA.

Orders

  • Set aside the RPD determination for the Principal Appellant and substitute a finding that the Principal Appellant is a Convention refugee pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act
  • Dismiss the appeals of the adult Associate Appellant and the Minor Associate Appellant and confirm the RPD decision that they are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act