MC0-04678

MC0-04678

The RAD found the RPD erred by drawing adverse credibility inferences from conduct that is consistent with a fear of persecution and by improperly discounting corroborative medical and affidavit evidence without adequate reasons; substituting its own decision, the RAD allowed the PA's appeal and found her to be a Convention refugee, and allowed the MA's appeal with a remittal to the RPD for redetermination due to an insufficient evidentiary record regarding the child.

Citation
MC0-04678
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal of Principal Appellant allowed; Principal Appellant declared a Convention refugee. Appeal of Minor Appellant allowed; matter remitted to the RPD for redetermination by a differently-constituted panel.
Legal Topics
Credibility Assessment, Subjective Fear / Well Founded Fear of Persecution, Convention Refugee Determination, Delay in Claiming Asylum, Corroborative Evidence (medical Reports, Affidavits), Child Claimant Procedures, State Protection and Nexus, Gender Based Persecution
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Subjective Fear / Well Founded Fear of Persecution Convention Refugee Determination Delay in Claiming Asylum +4 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD properly assessed credibility
  2. 2 Whether the appellants demonstrated a subjective and well-founded fear of persecution
  3. 3 Whether delay in claiming undermined credibility

Ratio Decidendi

The RAD found the RPD erred by drawing adverse credibility inferences from conduct that is consistent with a fear of persecution and by improperly discounting corroborative medical and affidavit evidence without adequate reasons; substituting its own decision, the RAD allowed the PA's appeal and found her to be a Convention refugee, and allowed the MA's appeal with a remittal to the RPD for redetermination due to an insufficient evidentiary record regarding the child.

Court Disposition

Appeal of Principal Appellant allowed; Principal Appellant declared a Convention refugee. Appeal of Minor Appellant allowed; matter remitted to the RPD for redetermination by a differently-constituted panel.

Orders

  • Substitute decision: declare XXXX XXXX a Convention refugee.
  • Remit the Minor Appellant XXXX XXXX to the Refugee Protection Division for redetermination by a differently-constituted panel.