TB9-29078

TB9-29078

The RAD admitted the new evidence and, on its review, found the Associate Appellant established she could not access Ethiopian citizenship (legal prerequisites and rejected application), making Yemen her only country of nationality; because the RPD had accepted her fear of persecution in Yemen, the RAD substituted the RPD decision and found the Associate Appellant to be a Convention refugee. The RAD confirmed the RPD's findings for the Principal Appellant and both minors because there was insufficient evidence of a personalized risk or nexus to Convention grounds for them, and an oral hearing was unnecessary.

Citation
TB9-29078
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Elder Minor Associate Appellant: XXXX XXXX XXXX; Younger Minor Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 November 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)
Outcome
Appeal allowed in part: Associate Appellant found to be a Convention refugee; appeals of Principal Appellant and two minor Associate Appellants dismissed
Legal Topics
Admissibility of New Evidence, Well‑founded Fear of Persecution, Access to Nationality, Family Reunification Objective, Oral Hearing Request, Nexus to Convention Grounds
Source Language
English
Immigration and Refugee Law Citizenship and Nationality Law Administrative Law Admissibility of New Evidence Well‑founded Fear of Persecution Access to Nationality Family Reunification Objective Oral Hearing Request +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Elder Minor Associate Appellant

XXXX XXXX XXXX XXXX

Younger Minor Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether 13 items of evidence submitted post‑RPD should be admitted under s.110(4) IRPA and whether an oral hearing under s.110(6) IRPA was required
  2. 2 Whether the Associate Appellant had access to Ethiopian citizenship such that Ethiopia was a country of reference
  3. 3 Whether the Principal Appellant and elder minor established a well‑founded fear of persecution in Ethiopia on Oromo ethnicity or imputed political opinion grounds

Ratio Decidendi

The RAD admitted the new evidence and, on its review, found the Associate Appellant established she could not access Ethiopian citizenship (legal prerequisites and rejected application), making Yemen her only country of nationality; because the RPD had accepted her fear of persecution in Yemen, the RAD substituted the RPD decision and found the Associate Appellant to be a Convention refugee. The RAD confirmed the RPD's findings for the Principal Appellant and both minors because there was insufficient evidence of a personalized risk or nexus to Convention grounds for them, and an oral hearing was unnecessary.

Court Disposition

Appeal allowed in part: Associate Appellant found to be a Convention refugee; appeals of Principal Appellant and two minor Associate Appellants dismissed

Orders

  • Admit 13 items of new evidence submitted by the Appellants pursuant to s.110(4) IRPA
  • Deny Appellants' request for an oral hearing under s.110(6) IRPA