VB8-01871

VB8-01871

Despite accepting some RPD credibility findings, the RAD found uncontested objective evidence establishing the appellant's identity, Eritrean nationality, deportation from Ethiopia, education and family ties, combined with country documentation showing indefinite national service and penalties for unauthorized exit, created a serious possibility of persecution for the profile of a national-service-age Eritrean who left without permission; therefore the RAD set aside the RPD decision and substituted its own determination that the appellant is a Convention refugee under s.111(1)(b) IRPA.

Citation
VB8-01871
Parties
Principal Appellant: XXXX XXXX XXXX; Intervener: Minister of Public Safety
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Final Decision on Appeal (rad Substitution)
Outcome
Appeal allowed; RAD sets aside the RPD decision and substitutes its own determination that the appellant is a Convention refugee.
Legal Topics
Credibility Assessment, Admissibility of Evidence on Appeal, Indefinite National Service, Risk of Persecution, Substitution of Decision
Source Language
English
Immigration Law Refugee Law Human Rights Law Credibility Assessment Admissibility of Evidence on Appeal Indefinite National Service Risk of Persecution Substitution of Decision

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

Minister of Public Safety

Intervener

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Final Decision on Appeal (rad Substitution)

Legal Issues

  1. 1 Whether the appellant established a profile confirmed by objective evidence that places him at risk of persecution in Eritrea
  2. 2 Whether the RPD's adverse credibility findings were determinative or could be outweighed by objective evidence
  3. 3 Whether new documentary evidence filed on appeal was admissible

Ratio Decidendi

Despite accepting some RPD credibility findings, the RAD found uncontested objective evidence establishing the appellant's identity, Eritrean nationality, deportation from Ethiopia, education and family ties, combined with country documentation showing indefinite national service and penalties for unauthorized exit, created a serious possibility of persecution for the profile of a national-service-age Eritrean who left without permission; therefore the RAD set aside the RPD decision and substituted its own determination that the appellant is a Convention refugee under s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RAD sets aside the RPD decision and substitutes its own determination that the appellant is a Convention refugee.

Orders

  • Pursuant to s.111(1)(b) IRPA, the RAD sets aside the RPD determination dated March 20, 2018 and substitutes a determination that the appellant is a Convention refugee
  • New evidence filed on appeal is inadmissible and is not considered for the purpose of allowing the appeal