MB8-12701

MB8-12701

The RAD held that the RPD erred by over-relying on the principal appellant's failure to seek asylum in the United States and on an inconsistency in a police-station stamp to reject her entire testimony, and by failing to analyze her fear of persecution as a woman (a particular social group); accordingly the RAD set aside the RPD determination with respect to the principal appellant and referred the matter to the RPD for re-determination, while confirming the RPD decision regarding the minor.

Citation
MB8-12701
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 August 2019
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
RPD determination set aside for principal appellant and referred to the RPD for redetermination; minor appellant's appeal dismissed and RPD determination regarding minor confirmed.
Legal Topics
Credibility Assessment, Failure to Seek Asylum, Document Authenticity, Particular Social Group, Gender Based Persecution, Referral for Redetermination
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Failure to Seek Asylum Document Authenticity Particular Social Group Gender Based Persecution +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Designated Representative

Procedural Posture

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

Legal Issues

  1. 1 Whether the RPD erred in finding the principal appellant not credible
  2. 2 Whether failure to seek asylum in the United States justified an adverse inference
  3. 3 Whether an inconsistency in a police-station stamp rendered the complaint document not authentic

Ratio Decidendi

The RAD held that the RPD erred by over-relying on the principal appellant's failure to seek asylum in the United States and on an inconsistency in a police-station stamp to reject her entire testimony, and by failing to analyze her fear of persecution as a woman (a particular social group); accordingly the RAD set aside the RPD determination with respect to the principal appellant and referred the matter to the RPD for re-determination, while confirming the RPD decision regarding the minor.

Court Disposition

RPD determination set aside for principal appellant and referred to the RPD for redetermination; minor appellant's appeal dismissed and RPD determination regarding minor confirmed.

Orders

  • Set aside the RPD determination that the principal appellant is neither a Convention refugee nor a person in need of protection
  • Refer the principal appellant's claim to the Refugee Protection Division for re-determination by a differently constituted panel pursuant to subsection 111(2) IRPA