TB5-05331

TB5-05331

The RAD found the RPD's adverse credibility findings unreasonable because the principal Appellant's sworn testimony was corroborated by documentary evidence (newspaper articles, photographs, posters and the NDP) and the RPD misread and over-relied on documents; applying a hybrid appeal standard and s.111(1)(b) the RAD substituted the RPD decision, found a nexus to political opinion and determined the Appellants are Convention refugees.

Citation
TB5-05331
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX XXXX XXXX XXXX; Appellant (minor Child): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 June 2015
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal; RAD Substituted RPD Determination 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 Findings, Convention Refugee Status, Persecution on Political Opinion, Country Conditions Evidence, Standard of Review / Hybrid Appeal
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Convention Refugee Status Persecution on Political Opinion Country Conditions Evidence Standard of Review / Hybrid Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Appellant (spouse)

XXXX XXXX XXXX XXXX

Appellant (minor Child)

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal; RAD Substituted RPD Determination Pursuant to IRPA S.111(1)(b)

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were reasonable
  2. 2 Whether documentary and testimonial evidence corroborated alleged assaults, vandalism and detention
  3. 3 Whether the RAD should substitute its own decision under IRPA s.111(1)(b) following a hybrid review

Ratio Decidendi

The RAD found the RPD's adverse credibility findings unreasonable because the principal Appellant's sworn testimony was corroborated by documentary evidence (newspaper articles, photographs, posters and the NDP) and the RPD misread and over-relied on documents; applying a hybrid appeal standard and s.111(1)(b) the RAD substituted the RPD decision, found a nexus to political opinion and determined the Appellants are Convention refugees.

Court Disposition

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

Orders

  • Set aside the RPD determination dated June 3, 2014
  • Substitute a determination that the Appellants are Convention refugees pursuant to IRPA s.111(1)(b)