TB8-17113

TB8-17113

The RAD, applying a correctness standard, admitted certain new evidence, conducted an independent assessment, found on a balance of probabilities that the Appellants are genuine members of the Hizmet movement and face a well‑founded fear of persecution in Turkey on account of imputed political opinion and religion, and therefore set aside the RPD's negative determination and substituted positive decisions under paragraph 111(1)(b) IRPA.

Citation
TB8-17113
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2019
Procedural Posture
Refugee Appeal (convention Refugee Claim Under Irpa) / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal allowed; RPD negative determination set aside and substituted with positive decisions finding Appellants to be Convention refugees.
Legal Topics
Credibility Assessment, Admissibility of New Evidence on Appeal (s.110(4) Irpa), Convention Refugee Status, Imputed Political Opinion, Religious Persecution, Standard of Review/deference
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Admissibility of New Evidence on Appeal (s.110(4) Irpa) Convention Refugee Status Imputed Political Opinion +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (convention Refugee Claim Under Irpa) / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the Appellants
  2. 2 Whether new evidence should be admitted under s.110(4) IRPA and RAD rules (Rule 29)
  3. 3 Whether the Appellants have a well-founded fear of persecution based on imputed political opinion and religion

Ratio Decidendi

The RAD, applying a correctness standard, admitted certain new evidence, conducted an independent assessment, found on a balance of probabilities that the Appellants are genuine members of the Hizmet movement and face a well‑founded fear of persecution in Turkey on account of imputed political opinion and religion, and therefore set aside the RPD's negative determination and substituted positive decisions under paragraph 111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD negative determination set aside and substituted with positive decisions finding Appellants to be Convention refugees.

Orders

  • Appeal allowed pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act
  • RPD decision set aside and substituted with positive determinations for each Appellant