VB9-05748

VB9-05748

The RAD allowed the appeal because objective country evidence and credible new evidence established that the colectivos are political actors allied with the ruling party, the Appellants' whistle-blowing would mark them as persons holding a political opinion imputed by the persecutors, state protection is unavailable, no reasonable internal flight alternative exists, and therefore the Appellants are Convention refugees.

Citation
VB9-05748
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 September 2020
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (reasons)
Outcome
Appeal allowed; substitute decision that the Appellants are Convention refugees.
Legal Topics
Political Opinion, Persecution, State Protection, Internal Flight Alternative, New Evidence
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Political Opinion Persecution State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (rad) / Decision on Appeal (reasons)

Legal Issues

  1. 1 Whether the RPD erred in characterizing the risk as generalized criminality rather than persecution for political opinion
  2. 2 Whether the Appellants established a serious possibility of persecution on the basis of political opinion
  3. 3 Whether state protection is available to the Appellants

Ratio Decidendi

The RAD allowed the appeal because objective country evidence and credible new evidence established that the colectivos are political actors allied with the ruling party, the Appellants' whistle-blowing would mark them as persons holding a political opinion imputed by the persecutors, state protection is unavailable, no reasonable internal flight alternative exists, and therefore the Appellants are Convention refugees.

Court Disposition

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

Orders

  • Appeal allowed
  • Substitute decision that the Appellants are Convention refugees