TB9-29860

TB9-29860

On independent assessment the RAD concluded that the political reforms in Ethiopia since April 2018 are substantial, effective and durable for the purposes of assessing risk based on political opinion or imputed political opinion; the preponderance of evidence (including the USDOS report) shows opposition members are not being targeted and the admitted new evidence does not establish a serious possibility of persecution on a Convention ground, so the RPD's negative determination is confirmed and the appeal is dismissed.

Citation
TB9-29860
Parties
Principal Appellant: XXXX XXXX XXXX; Appellant Minor Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2020
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision by Refugee Appeal Division Following Negative Refugee Protection Division Determination
Outcome
Appeal dismissed; RPD negative determination confirmed
Legal Topics
Change of Country Conditions, Well‑founded Fear, Admissibility of New Evidence, Deference and Standard of Review, Ethnic Violence, Political Opinion
Source Language
English
Immigration Law Refugee Law Human Rights Change of Country Conditions Well‑founded Fear Admissibility of New Evidence Deference and Standard of Review Ethnic Violence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Appellant Minor Child

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision by Refugee Appeal Division Following Negative Refugee Protection Division Determination

Legal Issues

  1. 1 Whether change in country circumstances in Ethiopia removed a well‑founded fear of persecution
  2. 2 Whether new evidence submitted on appeal was admissible and material
  3. 3 Whether the RPD applied the correct legal test for change in circumstances

Ratio Decidendi

On independent assessment the RAD concluded that the political reforms in Ethiopia since April 2018 are substantial, effective and durable for the purposes of assessing risk based on political opinion or imputed political opinion; the preponderance of evidence (including the USDOS report) shows opposition members are not being targeted and the admitted new evidence does not establish a serious possibility of persecution on a Convention ground, so the RPD's negative determination is confirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD negative determination confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
  • RPD negative determination confirmed