TB6-15180

TB6-15180

The RAD accepted the newly tendered evidence as meeting s.110(4) IRPA, found the RPD erred in its adverse credibility assessment and failure properly to weigh corroborative documents, concluded appellants had established nexus to political opinion and lack of state protection such that there was a serious possibility of persecution, and therefore substituted the RPD decision and found the appellants to be Convention refugees.

Citation
TB6-15180
Parties
Appellant: Appellant (redacted); Female Appellant: Female Appellant (redacted); Minor Appellants: Minor Appellants (redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 April 2017
Procedural Posture
Refugee Protection Appeal / RAD Decision Substituting RPD
Outcome
Appeal allowed; RAD substituted its decision for the RPD and determined the appellants are Convention refugees
Legal Topics
Credibility Findings, Admissibility of New Evidence, Oral Hearing Under S110(6) IRPA, State Protection, Nexus to Political Opinion, Substitution of Decision
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Admissibility of New Evidence Oral Hearing Under S110(6) IRPA State Protection Nexus to Political Opinion +1 more

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Parties

Appellant (redacted)

Appellant

Female Appellant (redacted)

Female Appellant

Minor Appellants (redacted)

Minor Appellants

Procedural Posture

Refugee Protection Appeal / RAD Decision Substituting RPD

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether new evidence met s.110(4) IRPA and should be admitted
  3. 3 Whether an oral hearing was required under s.110(6) IRPA

Ratio Decidendi

The RAD accepted the newly tendered evidence as meeting s.110(4) IRPA, found the RPD erred in its adverse credibility assessment and failure properly to weigh corroborative documents, concluded appellants had established nexus to political opinion and lack of state protection such that there was a serious possibility of persecution, and therefore substituted the RPD decision and found the appellants to be Convention refugees.

Court Disposition

Appeal allowed; RAD substituted its decision for the RPD and determined the appellants are Convention refugees

Orders

  • Set aside the RPD decision and substitute a determination that the appellants are Convention refugees pursuant to s.111(1)(b) IRPA
  • Admit the appellants' new evidence under s.110(4) IRPA