MB8-01493

MB8-01493

The RAD admitted the new documentary evidence, found the RPD erred in disbelieving the appellant's political opinion, and on the basis of country evidence showing Sudanese targeting of opposition and monitoring of the diaspora and the appellant's demonstrated political activity in Canada concluded there is a serious possibility he would be persecuted on return; accordingly the RPD decision was set aside and the appellant was found to be a refugee under section 96 IRPA.

Citation
MB8-01493
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent / Minister: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 May 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal Decision by the Refugee Appeal Division (rad)
Outcome
Appeal allowed; RPD decision set aside; appellant found to be a refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Credibility, Sur Place Activity, Political Opinion, Country Conditions, Admissibility of Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Sur Place Activity Political Opinion Country Conditions Admissibility of Evidence +1 more

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent / Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal Decision by the Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RAD should admit new evidence on appeal
  2. 2 Whether an oral hearing before the RAD was required
  3. 3 Whether the RPD erred in its credibility assessment of the appellant

Ratio Decidendi

The RAD admitted the new documentary evidence, found the RPD erred in disbelieving the appellant's political opinion, and on the basis of country evidence showing Sudanese targeting of opposition and monitoring of the diaspora and the appellant's demonstrated political activity in Canada concluded there is a serious possibility he would be persecuted on return; accordingly the RPD decision was set aside and the appellant was found to be a refugee under section 96 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside; appellant found to be a refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • RPD decision of December 15, 2017 is set aside.
  • The RAD substitutes the decision that the appellant is a refugee under section 96 of the IRPA.