TC0-12185

TC0-12185

The RPD erred in its credibility assessment by improperly discounting corroborative evidence and relying on implausibility inferences that were unsupported; on the balance of probabilities the Principal Appellant was detained and had his passport seized in 2018, the Principal and Associate Appellants would face a serious risk of persecution for political opinion and as family members, and there is no realistic state protection or internal flight alternative in Egypt; accordingly the appeal is allowed and the Appellants are Convention refugees.

Citation
TC0-12185
Parties
Principal Appellant: Principal Appellant (name redacted); Adult Associate Appellant: Adult Associate Appellant (name redacted); Associate Appellants (minors): Minor Associate Appellants (names redacted); Respondent Minister: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 March 2021
Procedural Posture
Refugee Appeal (convention Refugee Determination) / Appeal to Refugee Appeal Division — Decision (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees.
Legal Topics
Credibility Assessment, Risk of Persecution, State Protection, Internal Flight Alternative, Corroborative Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Risk of Persecution State Protection Internal Flight Alternative Corroborative Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Principal Appellant (name redacted)

Principal Appellant

Adult Associate Appellant (name redacted)

Adult Associate Appellant

Minor Associate Appellants (names redacted)

Associate Appellants (minors)

Minister (Respondent)

Respondent Minister

Procedural Posture

Refugee Appeal (convention Refugee Determination) / Appeal to Refugee Appeal Division — Decision (substitution)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in its credibility assessment of the Principal and adult Associate Appellants
  2. 2 Whether the Principal Appellant was detained and had his passport seized at Cairo airport in 2018
  3. 3 Whether the Appellants face a forward‑looking risk of persecution on account of political opinion if returned to Egypt

Ratio Decidendi

The RPD erred in its credibility assessment by improperly discounting corroborative evidence and relying on implausibility inferences that were unsupported; on the balance of probabilities the Principal Appellant was detained and had his passport seized in 2018, the Principal and Associate Appellants would face a serious risk of persecution for political opinion and as family members, and there is no realistic state protection or internal flight alternative in Egypt; accordingly the appeal is allowed and the Appellants are Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees.

Orders

  • Appeal allowed.
  • Substituted decision: Appellants declared Convention refugees.