TB7-11518

TB7-11518

The RAD found that the RPD erred by undervaluing the Appellants' profile; given credible evidence of imputed political opinion, country conditions demonstrating Turkish government intent to target Gulenists, and admissible new evidence, the Appellants face a serious possibility of persecution and are Convention refugees; therefore the RAD sets aside the RPD decision and substitutes its own finding of refugee status.

Citation
TB7-11518
Parties
Principal Appellant: XXXX XXXX; Female Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 January 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution of RPD Determination)
Outcome
RAD sets aside the RPD decision and substitutes its determination that the Appellants are Convention refugees.
Legal Topics
Persecution, Political Opinion (imputed), Credibility, Admissibility of New Evidence, Standard of Review, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Persecution Political Opinion (imputed) Credibility Admissibility of New Evidence Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Female Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution of RPD Determination)

Legal Issues

  1. 1 Whether the RPD erred in applying the legal test for persecution on the basis of political opinion in a section 96 claim
  2. 2 Whether the RPD erred in its assessment of the Appellants' profile (high profile requirement)
  3. 3 Whether the RPD erred in assessing subjective fear due to failure to claim in the USA

Ratio Decidendi

The RAD found that the RPD erred by undervaluing the Appellants' profile; given credible evidence of imputed political opinion, country conditions demonstrating Turkish government intent to target Gulenists, and admissible new evidence, the Appellants face a serious possibility of persecution and are Convention refugees; therefore the RAD sets aside the RPD decision and substitutes its own finding of refugee status.

Court Disposition

RAD sets aside the RPD decision and substitutes its determination that the Appellants are Convention refugees.

Orders

  • Newspaper article dated June 8, 2017 admitted as new evidence
  • Request for oral hearing dismissed