TB9-21678

TB9-21678

The RAD found the RPD erred by overemphasizing peripheral credibility concerns (notably the physical condition of the bible) and by undervaluing corroborative documentary and testimonial evidence; on independent assessment the appellants established on a balance of probabilities that they converted to Christianity and face a serious possibility of persecution in Iran with no viable state protection or internal flight alternative, therefore they are Convention refugees and the RPD decision is set aside and substituted.

Citation
TB9-21678
Parties
Principal Appellant: XXXX XXXX XXXXXXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 October 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision Issued (reasons) — Appeal Allowed; Substitution of Decision Under S.111(1)(b) IRPA
Outcome
Appeal allowed; RPD determination dated July 24, 2019 set aside and substituted — appellants found to be Convention refugees
Legal Topics
Credibility Assessment, Religious Persecution, Convention Refugee Determination, Standard of Review, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Religious Persecution Convention Refugee Determination Standard of Review Internal Flight Alternative

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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision Issued (reasons) — Appeal Allowed; Substitution of Decision Under S.111(1)(b) IRPA

Legal Issues

  1. 1 Whether the RPD erred in assessing credibility of appellants' conversion to Christianity
  2. 2 Whether the RPD improperly discounted supporting documentary evidence (Bible condition, social media post, pastor and church letters)
  3. 3 Whether appellants face a serious possibility of persecution on religious grounds in Iran

Ratio Decidendi

The RAD found the RPD erred by overemphasizing peripheral credibility concerns (notably the physical condition of the bible) and by undervaluing corroborative documentary and testimonial evidence; on independent assessment the appellants established on a balance of probabilities that they converted to Christianity and face a serious possibility of persecution in Iran with no viable state protection or internal flight alternative, therefore they are Convention refugees and the RPD decision is set aside and substituted.

Court Disposition

Appeal allowed; RPD determination dated July 24, 2019 set aside and substituted — appellants found to be Convention refugees

Orders

  • Set aside the Refugee Protection Division decision dated July 24, 2019
  • Substitute decision that the appellants are Convention refugees under section 96 of the Immigration and Refugee Protection Act; decision issued pursuant to s.111(1)(b) IRPA