TB8-19471

TB8-19471

The RAD set aside the RPD decision and found on the balance of probabilities that the Appellants have a well-founded fear of persecution in Syria on account of imputed political opinion tied to their Sunni identity and on the basis of membership of particular social groups (women and children); state protection and a viable internal flight alternative are not available, therefore they are Convention refugees.

Citation
TB8-19471
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 December 2018
Procedural Posture
Refugee Appeal (challenge to RPD Refugee Claim Refusal) / Appeal Heard by Refugee Appeal Division (rad) on Merits; Decision Substituting RPD Determination
Outcome
Appeal allowed; RPD decision set aside and replaced with RAD determination that Appellants are Convention refugees
Legal Topics
Subjective Fear Assessment, Well Founded Fear, Convention Refugee, State Protection, Internal Flight Alternative, Credibility Findings, Irregular Entry, Gender Based Persecution, Child Recruitment
Source Language
English
Immigration Refugee Law Administrative Law Subjective Fear Assessment Well Founded Fear Convention Refugee State Protection Internal Flight Alternative +4 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (challenge to RPD Refugee Claim Refusal) / Appeal Heard by Refugee Appeal Division (rad) on Merits; Decision Substituting RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in its subjective fear assessment
  2. 2 Whether the RPD mischaracterized the country of risk (finding of risk in Yemen rather than Syria)
  3. 3 Whether the Appellants have a well-founded fear of persecution on Convention grounds (religion, membership of particular social group: women and children)

Ratio Decidendi

The RAD set aside the RPD decision and found on the balance of probabilities that the Appellants have a well-founded fear of persecution in Syria on account of imputed political opinion tied to their Sunni identity and on the basis of membership of particular social groups (women and children); state protection and a viable internal flight alternative are not available, therefore they are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and replaced with RAD determination that Appellants are Convention refugees

Orders

  • The determination of the Refugee Protection Division is set aside and substituted: the Appellants are Convention refugees.
  • Appeal allowed and file remitted with substituted decision that Appellants have a well-founded fear of persecution in Syria on Convention grounds (imputed political opinion; membership of particular social groups: women and children).