TB4-09845

TB4-09845

RAD allowed the appeal because it found the appellant credible on conversion and separation, accepted certain new evidence (pastor's letter, baptismal evidence, divorce and 'innocence' documents) as meeting s.110(4) thresholds and credible, rejected heavy reliance on Facebook posts as unreliable, and concluded there is a serious possibility of persecution for apostasy in Jordan with no effective state protection, making the Appellants Convention refugees.

Citation
TB4-09845
Parties
Principal Appellant: XXXXXXXXXXX (a.k.a. XXXXXXX); Minor Appellant: XXXXXXXXXX (a.k.a. XXXXXXXXXXXX); Designated Representative: XXXXXXXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 February 2015
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal allowed; Appellants determined to be Convention refugees under s.96 IRPA
Legal Topics
Conversion to Christianity, Credibility Assessment, Admissibility of New Evidence, Social Media Evidence, Risk of Persecution, State Protection
Source Language
English
Immigration Refugee Protection Religious Freedom Conversion to Christianity Credibility Assessment Admissibility of New Evidence Social Media Evidence Risk of Persecution +1 more

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Parties

XXXXXXXXXXX (a.k.a. XXXXXXX)

Principal Appellant

XXXXXXXXXX (a.k.a. XXXXXXXXXXXX)

Minor Appellant

XXXXXXXXXX

Designated Representative

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Admissibility of new evidence under s.110(4) IRPA
  2. 2 Credibility of appellant's conversion and separation from spouse
  3. 3 Evidentiary weight of social media postings

Ratio Decidendi

RAD allowed the appeal because it found the appellant credible on conversion and separation, accepted certain new evidence (pastor's letter, baptismal evidence, divorce and 'innocence' documents) as meeting s.110(4) thresholds and credible, rejected heavy reliance on Facebook posts as unreliable, and concluded there is a serious possibility of persecution for apostasy in Jordan with no effective state protection, making the Appellants Convention refugees.

Court Disposition

Appeal allowed; Appellants determined to be Convention refugees under s.96 IRPA

Orders

  • Appeal allowed and Appellants declared Convention refugees
  • Continued designation of principal appellant as designated representative for the minor appellant