TB7-20941

TB7-20941

The RAD found on the whole record that the Principal Appellant credibly proved her identity as an Alevi Kurd and her active support for the HDP, that the HDP letter adduced at the RPD was probative, and that the appellant established a real risk of persecution for political opinion such that, under IRPA s.111(1)(b), the RAD must set aside the RPD decision and substitute a finding that the appellants are Convention refugees.

Citation
TB7-20941
Parties
Principal Appellant: XXXX XXXX XXXXXXXXXXXX XXXX; Minor Appellant (daughter): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 August 2018
Procedural Posture
Refugee Protection Appeal / RAD Decision
Outcome
RAD sets aside the RPD determination and substitutes its determination that the Appellants are Convention refugees.
Legal Topics
Credibility, Identity, Admissibility of New Evidence, Gender Based Persecution, Convention Refugee Determination, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Evidence Law Credibility Identity Admissibility of New Evidence +3 more

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Parties

XXXX XXXX XXXXXXXXXXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant (daughter)

Procedural Posture

Refugee Protection Appeal / RAD Decision

Legal Issues

  1. 1 Whether the RPD erred by rejecting the HDP letter and other evidence
  2. 2 Whether the Principal Appellant established Kurdish (Alevi) identity
  3. 3 Whether the RPD failed to account for nervousness and vulnerability

Ratio Decidendi

The RAD found on the whole record that the Principal Appellant credibly proved her identity as an Alevi Kurd and her active support for the HDP, that the HDP letter adduced at the RPD was probative, and that the appellant established a real risk of persecution for political opinion such that, under IRPA s.111(1)(b), the RAD must set aside the RPD decision and substitute a finding that the appellants are Convention refugees.

Court Disposition

RAD sets aside the RPD determination and substitutes its determination that the Appellants are Convention refugees.

Orders

  • Set aside the Refugee Protection Division determination
  • Substitute a determination that the Appellants are Convention refugees pursuant to IRPA s.111(1)(b)