VB9-08329

VB9-08329

The RPD erred by treating the risk as local and temporal and by selectively using evidence; the accepted testimony, affidavits and post-RPD country documentation establish that the PA has been specifically targeted by the TTP (including two fatwas), that the TTP retains capability and reach across Pakistan and has associates in state structures, and that adequate state protection is unavailable; on that basis the PA has a well-founded fear of persecution and is a Convention refugee; the Associate and Minor Appellants are not personally at risk and their appeals are dismissed.

Citation
VB9-08329
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant (age 5): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 March 2021
Procedural Posture
Refugee Appeal (rad Redetermination) / Decision (reasons and Decision)
Outcome
Principal Appellant allowed; Associate and Minor Appellants dismissed; substitute decision that Principal Appellant is a Convention refugee.
Legal Topics
Internal Flight Alternative, Convention Refugee Determination, Admissibility of New Evidence, State Protection, Risk Assessment, Family Unity and Indirect Persecution
Source Language
English
Immigration and Refugee Law Administrative Law Internal Flight Alternative Convention Refugee Determination Admissibility of New Evidence State Protection Risk Assessment Family Unity and Indirect Persecution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant (age 5)

Procedural Posture

Refugee Appeal (rad Redetermination) / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) to Hyderabad was reasonable
  2. 2 Whether the Principal Appellant faces a well-founded fear of persecution by Tehrik-i-Taliban Pakistan (TTP) throughout Pakistan
  3. 3 Whether state protection is available and adequate

Ratio Decidendi

The RPD erred by treating the risk as local and temporal and by selectively using evidence; the accepted testimony, affidavits and post-RPD country documentation establish that the PA has been specifically targeted by the TTP (including two fatwas), that the TTP retains capability and reach across Pakistan and has associates in state structures, and that adequate state protection is unavailable; on that basis the PA has a well-founded fear of persecution and is a Convention refugee; the Associate and Minor Appellants are not personally at risk and their appeals are dismissed.

Court Disposition

Principal Appellant allowed; Associate and Minor Appellants dismissed; substitute decision that Principal Appellant is a Convention refugee.

Orders

  • Principal Appellant's appeal allowed and substituted decision: Principal Appellant is a Convention refugee.
  • Appeals of Associate Appellant and Minor Appellant dismissed; RPD decision as to them confirmed.