TB4-01591

TB4-01591

The RAD set aside the RPD decision because the RPD failed as a matter of law to analyze whether the evidence it found credible established a well-founded fear under s.96 and a risk to life under s.97, and further made an unreasonable finding on availability of state protection; on review the RAD found the credible evidence sufficient and substituted a finding that the appellants are Convention refugees and persons in need of protection.

Citation
TB4-01591
Parties
Appellant: Appellants (names redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 May 2014
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Final Decision of RAD Substituting RPD Determination
Outcome
Appeal allowed; RAD sets aside RPD decision and substitutes finding that the appellants are Convention refugees and persons in need of protection
Legal Topics
Convention Refugee Status, State Protection, Credibility Assessment, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Status State Protection Credibility Assessment Standard of Review

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Parties

Appellants (names redacted)

Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Final Decision of RAD Substituting RPD Determination

Legal Issues

  1. 1 appropriate standard of review for RAD appeals
  2. 2 whether RPD conducted complete risk analysis under s.96 and s.97 IRPA
  3. 3 whether RPD's state protection analysis was reasonable

Ratio Decidendi

The RAD set aside the RPD decision because the RPD failed as a matter of law to analyze whether the evidence it found credible established a well-founded fear under s.96 and a risk to life under s.97, and further made an unreasonable finding on availability of state protection; on review the RAD found the credible evidence sufficient and substituted a finding that the appellants are Convention refugees and persons in need of protection.

Court Disposition

Appeal allowed; RAD sets aside RPD decision and substitutes finding that the appellants are Convention refugees and persons in need of protection

Orders

  • Set aside the determination of the Refugee Protection Division
  • Substitute a determination that the appellants are Convention refugees and persons in need of protection