TB6-06910

TB6-06910

RAD concluded the RPD erred in its credibility and evidentiary analysis—failing to properly consider the central incident (the kidnapping/murder), giving undue weight to peripheral documentary discrepancies and non‑party decisions, inadequately addressing psychiatric evidence, and improperly finding a viable internal flight alternative; on reassessment of the record and country documentation RAD found a serious possibility of persecution for Ismailis/Shias and no safe IFA, and therefore set aside and substituted a finding that the Appellants are Convention refugees.

Citation
TB6-06910
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 August 2016
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Appeal – RAD Substituted Decision After Federal Court Remittal
Outcome
Appeals allowed; RAD sets aside RPD determination and substitutes a decision that the Appellants are Convention refugees.
Legal Topics
Credibility Assessment, Internal Flight Alternative, New Evidence Admissibility, Procedural Fairness, Bias, Country Conditions, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative New Evidence Admissibility Procedural Fairness Bias +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Appeal – RAD Substituted Decision After Federal Court Remittal

Legal Issues

  1. 1 Standard of review for RAD of RPD findings
  2. 2 Admissibility of new evidence on appeal (s.110 IRPA)
  3. 3 Request for oral hearing (s.110(6) IRPA)

Ratio Decidendi

RAD concluded the RPD erred in its credibility and evidentiary analysis—failing to properly consider the central incident (the kidnapping/murder), giving undue weight to peripheral documentary discrepancies and non‑party decisions, inadequately addressing psychiatric evidence, and improperly finding a viable internal flight alternative; on reassessment of the record and country documentation RAD found a serious possibility of persecution for Ismailis/Shias and no safe IFA, and therefore set aside and substituted a finding that the Appellants are Convention refugees.

Court Disposition

Appeals allowed; RAD sets aside RPD determination and substitutes a decision that the Appellants are Convention refugees.

Orders

  • Set aside the Refugee Protection Division decision dated May 6, 2016
  • Substitute decision that the Appellants are Convention refugees pursuant to section 111(1)(b) IRPA