TB8-33191

TB8-33191

The RAD found the RPD erred in concluding adequate state protection was available in Chile; evidence of multiple police reports and criminal charges, combined with systemic deficiencies in protection for women and children, rebutted the presumption of state protection on a balance of probabilities, there was nexus to the Convention as a particular social group (women and children subjected to domestic violence), no viable internal flight alternative existed, and therefore the RPD determination was set aside and the appellants are Convention refugees.

Citation
TB8-33191
Parties
Principal Appellant (mother, Designated Representative for Minor): XXXX XXXX XXXX XXXX XXXXX; Associate Appellant (child): XXXX XXXX XXXX XXXX; Minor Appellant (child): XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 March 2019
Procedural Posture
Refugee Appeal Division Appeal Under IRPA / Decision on Appeal (reasons Issued)
Outcome
RPD determination set aside; RAD finds Appellants are Convention refugees
Legal Topics
State Protection, Credibility Findings, Procedural Fairness, Internal Flight Alternative, Gender Based Persecution, Nexus to Convention Refugee
Source Language
English
Immigration Law Refugee Protection Administrative Law State Protection Credibility Findings Procedural Fairness Internal Flight Alternative Gender Based Persecution +1 more

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Parties

XXXX XXXX XXXX XXXX XXXXX

Principal Appellant (mother, Designated Representative for Minor)

XXXX XXXX XXXX XXXX

Associate Appellant (child)

XXXX XXXX XXXX XXXX XXXX

Minor Appellant (child)

Procedural Posture

Refugee Appeal Division Appeal Under IRPA / Decision on Appeal (reasons Issued)

Legal Issues

  1. 1 Whether the RPD erred in refusing to consider post-hearing evidence and thereby breached procedural fairness
  2. 2 Whether state protection in Chile was adequate (availability of state protection)
  3. 3 Whether the appellants adequately tested state protection and whether an internal flight alternative (IFA) was viable

Ratio Decidendi

The RAD found the RPD erred in concluding adequate state protection was available in Chile; evidence of multiple police reports and criminal charges, combined with systemic deficiencies in protection for women and children, rebutted the presumption of state protection on a balance of probabilities, there was nexus to the Convention as a particular social group (women and children subjected to domestic violence), no viable internal flight alternative existed, and therefore the RPD determination was set aside and the appellants are Convention refugees.

Court Disposition

RPD determination set aside; RAD finds Appellants are Convention refugees

Orders

  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act the RAD sets aside the RPD determination and substitutes that the Appellants are Convention refugees.