TC0-02076

TC0-02076

The RAD admitted the new affidavit under s.110(4) and Singh/Raza criteria, found the RPD erred by drawing adverse credibility inferences based on stereotypes and the lack of a business card, accepted the Principal Appellant's rape allegation on the balance of probabilities, found Gondar an IFA but unreasonable for the Principal due to medical/psychological needs, and substituted the RPD's decision to find the Principal Appellant a refugee as a member of a particular social group (rape victims) while confirming the RPD's decision dismissing protection claims of the other appellants.

Citation
TC0-02076
Parties
Principal Appellant: XXXX XXXX XXXX; Spousal Appellant: XXXX XXXX XXXX; First Minor Appellant: XXXX XXXX XXXX; Second Minor Appellant: XXXX XXXX XXXX; Third Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 November 2020
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division Under the Immigration and Refugee Protection Act / Decision on Appeal (reasons and Disposition)
Outcome
Principal Appellant's appeal allowed; appeals of Spousal and Minor Appellants dismissed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Gender Based Violence, Admissibility of New Evidence, Particular Social Group (rape Victims)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Internal Flight Alternative Gender Based Violence Admissibility of New Evidence +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spousal Appellant

XXXX XXXX XXXX

First Minor Appellant

XXXX XXXX XXXX

Second Minor Appellant

XXXX XXXX XXXX

Third Minor Appellant

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division Under the Immigration and Refugee Protection Act / Decision on Appeal (reasons and Disposition)

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA and adapted Raza/Singh test
  2. 2 Whether the RPD erred in credibility findings regarding alleged sexual assaults
  3. 3 Application of Chairperson's Gender Guidelines in assessing sexual assault victims' credibility

Ratio Decidendi

The RAD admitted the new affidavit under s.110(4) and Singh/Raza criteria, found the RPD erred by drawing adverse credibility inferences based on stereotypes and the lack of a business card, accepted the Principal Appellant's rape allegation on the balance of probabilities, found Gondar an IFA but unreasonable for the Principal due to medical/psychological needs, and substituted the RPD's decision to find the Principal Appellant a refugee as a member of a particular social group (rape victims) while confirming the RPD's decision dismissing protection claims of the other appellants.

Court Disposition

Principal Appellant's appeal allowed; appeals of Spousal and Minor Appellants dismissed

Orders

  • New affidavit (CV and opinion) admitted as fresh evidence under s.110(4) IRPA
  • No oral hearing ordered