TB9-33436

TB9-33436

The RAD allowed the appeal, set aside the RPD decision and substituted its own determination that the Appellants are Convention refugees because the RPD erred in assessing credibility by misapplying the Gender Guidelines, failed to weigh corroborating police and documentary evidence, improperly focused on a minor date discrepancy and acted in a manner that raised procedural fairness concerns; objective country evidence established lack of state protection and no viable internal flight alternative in Iran.

Citation
TB9-33436
Parties
Principal Appellant: XXXX XXXX; Minor Appellant (represented): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2021
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (substitution Pursuant to S.111(1)(b) Irpa)
Outcome
Appeal allowed; RPD determination set aside and RAD substitutes its determination that the Appellants are Convention refugees pursuant to s.111(1)(b) IRPA.
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110(4)), Gender Guidelines Application, Procedural Fairness/natural Justice, State Protection Assessment, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Administrative Law Family Law Gender Based Violence Credibility Assessment Admissibility of New Evidence (s.110(4)) Gender Guidelines Application +3 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant (represented)

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal (substitution Pursuant to S.111(1)(b) Irpa)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether the RPD breached the Gender Guidelines in assessing a gender-based claim
  3. 3 Admissibility and weight of new evidence under s.110(4) IRPA and Singh/Raza factors

Ratio Decidendi

The RAD allowed the appeal, set aside the RPD decision and substituted its own determination that the Appellants are Convention refugees because the RPD erred in assessing credibility by misapplying the Gender Guidelines, failed to weigh corroborating police and documentary evidence, improperly focused on a minor date discrepancy and acted in a manner that raised procedural fairness concerns; objective country evidence established lack of state protection and no viable internal flight alternative in Iran.

Court Disposition

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

Orders

  • Set aside the Refugee Protection Division decision dated November 6, 2019 and substitute a determination that the Appellants are Convention refugees pursuant to section 111(1)(b) IRPA.
  • Admit and consider the post-rejection/new evidence submitted under s.110(4) and Rule 29 as described in the reasons.