TC0-03332

TC0-03332

The RAD concluded the RPD's negative credibility findings and IFA analysis were legally unsustainable and tainted by incomplete assessment and improper weighting of evidence; documentary evidence was deserving of weight, there is no safe internal flight alternative given the Appellants' targeted profile and ongoing threats, and there is no reasonable expectation of adequate state protection; accordingly the RAD set aside the RPD decision and substituted a finding that the Appellants are Convention refugees pursuant to IRPA s.111(1)(b).

Citation
TC0-03332
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 November 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division Under IRPA / Decision on Appeal; Substitution of RPD Decision Pursuant to IRPA S.111(1)(b)
Outcome
Appeal allowed; RPD decision set aside and substituted: Appellants found to be Convention refugees
Legal Topics
Credibility Assessment, Internal Flight Alternative, State Protection, Evidence Weighing, Convention Refugee Status
Source Language
English
Immigration Refugee Protection Administrative Law Credibility Assessment Internal Flight Alternative State Protection Evidence Weighing Convention Refugee Status

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division Under IRPA / Decision on Appeal; Substitution of RPD Decision Pursuant to IRPA S.111(1)(b)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether documentary evidence was improperly discounted
  3. 3 Whether failure to claim asylum in the USA undermined subjective fear

Ratio Decidendi

The RAD concluded the RPD's negative credibility findings and IFA analysis were legally unsustainable and tainted by incomplete assessment and improper weighting of evidence; documentary evidence was deserving of weight, there is no safe internal flight alternative given the Appellants' targeted profile and ongoing threats, and there is no reasonable expectation of adequate state protection; accordingly the RAD set aside the RPD decision and substituted a finding that the Appellants are Convention refugees pursuant to IRPA s.111(1)(b).

Court Disposition

Appeal allowed; RPD decision set aside and substituted: Appellants found to be Convention refugees

Orders

  • Set aside the Refugee Protection Division determination dated January 14, 2020
  • Substitute decision that the Appellants are Convention refugees pursuant to IRPA s.111(1)(b)