MB9-28397

MB9-28397

The RPD erred in rejecting the appellants' claim based on minor or peripheral inconsistencies and unexamined assertions about failure to seek asylum; documentary evidence had indicia of reliability and the issues of state protection and internal flight alternative were not addressed, therefore the RAD set aside the RPD decision and referred the matter to the RPD for re-determination by a differently constituted panel.

Citation
MB9-28397
Parties
Appellant (male): XXXX XXXX; Appellant (female): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 October 2020
Procedural Posture
Refugee Protection Claim Appeal / Appeal Decided by Refugee Appeal Division (rad)
Outcome
Appeal allowed; RPD decision set aside and matter referred to the RPD for re-determination by a differently constituted panel
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Remedy Referral
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment State Protection Internal Flight Alternative Remedy Referral

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Parties

XXXX XXXX

Appellant (male)

XXXX XXXX

Appellant (female)

Procedural Posture

Refugee Protection Claim Appeal / Appeal Decided by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 Whether failure to seek asylum in transit or in the United States was determinative of subjective fear
  3. 3 Whether the RPD improperly discounted documentary corroboration as self-serving

Ratio Decidendi

The RPD erred in rejecting the appellants' claim based on minor or peripheral inconsistencies and unexamined assertions about failure to seek asylum; documentary evidence had indicia of reliability and the issues of state protection and internal flight alternative were not addressed, therefore the RAD set aside the RPD decision and referred the matter to the RPD for re-determination by a differently constituted panel.

Court Disposition

Appeal allowed; RPD decision set aside and matter referred to the RPD for re-determination by a differently constituted panel

Orders

  • Appeal allowed
  • Decision of the Refugee Protection Division set aside