VB9-04483

VB9-04483

The RAD found the RPD's adverse credibility findings were unsustainable in light of new admissible evidence (official Blue Party website and social media screenshots showing variable logos including the flattened oval, Wayback Machine archive confirming the party website, and authenticating features on police letters); the presumption of genuineness of foreign documents was not rebutted and, on a balance of probabilities, the appellants face a serious possibility of persecution based on the Principal Appellant's anti‑government political opinion with no operational state protection or viable IFA, therefore the RAD set aside the RPD decision and substituted a finding that the appellants...

Citation
VB9-04483
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 November 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision Substituting RPD Determination
Outcome
Appeal allowed; RAD set aside the RPD determination and substituted a determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110 Irpa), Convention Refugee Determination, Procedural Fairness, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Admissibility of New Evidence (s.110 Irpa) Convention Refugee Determination Procedural Fairness +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX; XXXX XXXX XXXX; XXXX XXXX XXXX

Minor Appellants

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision Substituting RPD Determination

Legal Issues

  1. 1 Whether new evidence meets s.110(4) and Singh criteria and whether an oral hearing is required under s.110(6)
  2. 2 Whether the RPD erred in its credibility findings regarding party and police documents
  3. 3 Whether the appellants face a well‑founded fear/serious possibility of persecution

Ratio Decidendi

The RAD found the RPD's adverse credibility findings were unsustainable in light of new admissible evidence (official Blue Party website and social media screenshots showing variable logos including the flattened oval, Wayback Machine archive confirming the party website, and authenticating features on police letters); the presumption of genuineness of foreign documents was not rebutted and, on a balance of probabilities, the appellants face a serious possibility of persecution based on the Principal Appellant's anti‑government political opinion with no operational state protection or viable IFA, therefore the RAD set aside the RPD decision and substituted a finding that the appellants...

Court Disposition

Appeal allowed; RAD set aside the RPD determination and substituted a determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Orders

  • Set aside the Refugee Protection Division determination dated May 28, 2019
  • Substitute determination that the Principal Appellant, the Associate Appellant and the Minor Appellants are Convention refugees