MB9-08605

MB9-08605

The RAD allowed the appeal because the RPD's adverse credibility findings and its conclusion about the school authorities' motives were not supported by the record and involved impermissible speculation; the RAD set aside the determination and referred the matter to a differently constituted RPD panel for assessment of state protection and internal flight alternative under s.111 IRPA.

Citation
MB9-08605
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Spouse Appellant: XXXX XXXX XXXX; Minor Appellant (represented): XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 December 2019
Procedural Posture
Refugee Protection Appeal / RAD Decision on Appeal — Allowed and Referred to RPD Under S.111 IRPA
Outcome
Appeal allowed; RPD decision set aside and matter referred to a differently constituted panel of the RPD under paragraph 111(1)(c) of the IRPA
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Speculation Vs Inference, Referral Under S.111 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment State Protection Internal Flight Alternative Speculation Vs Inference +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Appellant (represented)

Procedural Posture

Refugee Protection Appeal / RAD Decision on Appeal — Allowed and Referred to RPD Under S.111 IRPA

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings based on amendments to the Basis of Claim and perceived contradictions
  2. 2 Whether the RPD impermissibly speculated about the motives of alleged agents of persecution (school authorities)
  3. 3 Whether state protection or an internal flight alternative exist and therefore whether substitution or referral under s.111 IRPA is appropriate

Ratio Decidendi

The RAD allowed the appeal because the RPD's adverse credibility findings and its conclusion about the school authorities' motives were not supported by the record and involved impermissible speculation; the RAD set aside the determination and referred the matter to a differently constituted RPD panel for assessment of state protection and internal flight alternative under s.111 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to a differently constituted panel of the RPD under paragraph 111(1)(c) of the IRPA

Orders

  • Appeal allowed
  • RPD determination set aside