TB9-03082

TB9-03082

The RPD's adverse credibility and documentary inferences were unreasonable because they relied on isolated documentary anomalies judged against Canadian standards without regard to the totality and cultural context; the appellant established a well-founded fear of persecution as a member of a particular social group (traditional Bamileke family successor), state protection and IFA are unavailable, and therefore the RAD substitutes the RPD determination and finds the appellant is a Convention refugee.

Citation
TB9-03082
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Determination
Outcome
Appeal allowed; substituted determination that appellant is a Convention refugee
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Convention Refugee Definition, State Protection, Internal Flight Alternative, Cultural Identity and Succession Traditions, Persecution, Procedural Fairness and Counsel Conduct
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Convention Refugee Definition State Protection Internal Flight Alternative +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Determination

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were reasonable
  2. 2 Whether documentary evidence should have been admitted or was reasonably open to suspicion
  3. 3 Whether the appellant has a nexus to a Convention ground (membership of a particular social group based on Bamileke succession role)

Ratio Decidendi

The RPD's adverse credibility and documentary inferences were unreasonable because they relied on isolated documentary anomalies judged against Canadian standards without regard to the totality and cultural context; the appellant established a well-founded fear of persecution as a member of a particular social group (traditional Bamileke family successor), state protection and IFA are unavailable, and therefore the RAD substitutes the RPD determination and finds the appellant is a Convention refugee.

Court Disposition

Appeal allowed; substituted determination that appellant is a Convention refugee

Orders

  • Substitute the Refugee Protection Division determination with a finding that the appellant is a Convention refugee pursuant to paragraph 111(1)(b) of the IRPA.
  • Reject the appellant's listed new documents as inadmissible under s.110(4) IRPA for failing to show why they could not have been obtained for the RPD; admit RAD submissions provided in response to RAD questions dated 2019.