MB5-02740

MB5-02740

Although the RAD accepted the RPD's adverse credibility assessment on certain factual claims, on the mixed question of law and fact concerning an Internal Flight Alternative the RAD independently assessed country conditions and concluded that no part of Syria, including Damascus, was a safe IFA given pervasive and targeted persecution; therefore the RPD determination was set aside and the appellants qualify as Convention refugees under s.96 IRPA.

Citation
MB5-02740
Parties
Principal Appellant: XXXX XXXX XXXX; Co Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 February 2016
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision
Outcome
Appeal accepted; RPD decision set aside; appellants found to be Convention refugees.
Legal Topics
Internal Flight Alternative, Credibility Assessment, Convention Refugee Determination, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Internal Flight Alternative Credibility Assessment Convention Refugee Determination Country Conditions

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility finding regarding the appellants' allegations
  2. 2 Whether Damascus constituted a viable Internal Flight Alternative (IFA) for the appellants
  3. 3 Whether the appellants qualify as Convention refugees under s.96 IRPA

Ratio Decidendi

Although the RAD accepted the RPD's adverse credibility assessment on certain factual claims, on the mixed question of law and fact concerning an Internal Flight Alternative the RAD independently assessed country conditions and concluded that no part of Syria, including Damascus, was a safe IFA given pervasive and targeted persecution; therefore the RPD determination was set aside and the appellants qualify as Convention refugees under s.96 IRPA.

Court Disposition

Appeal accepted; RPD decision set aside; appellants found to be Convention refugees.

Orders

  • Set aside the RPD determination pursuant to s.111(1)(b) IRPA
  • Declare Mr. XXXX XXXX XXXX and Ms. XXXX XXXX to be Convention refugees pursuant to s.96 IRPA