MB9-03288

MB9-03288

RAD concluded the RPD erred in its credibility assessment by overweighting minor inconsistencies and failing to consider corroborating evidence; applicant testimony was credible on determinative facts, documentary and country evidence showed state protection was inadequate and no internal flight alternative existed, therefore under IRPA s.111(1)(b) the RAD set aside the RPD decision and found the appellants to be Convention refugees.

Citation
MB9-03288
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 January 2020
Procedural Posture
Refugee Protection Appeal / Appeal Adjudication (rad Decision)
Outcome
Appeal allowed; RPD determination set aside; RAD substitutes its own determination that the appellants are Convention refugees
Legal Topics
Credibility Assessment, Internal Flight Alternative, State Protection, Convention Refugee Determination, Admission of New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative State Protection Convention Refugee Determination Admission of New Evidence

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Adjudication (rad Decision)

Legal Issues

  1. 1 Did the RPD err in assessing the appellants' credibility?
  2. 2 Is there an internal flight alternative in Haiti?
  3. 3 Did the appellants rebut the presumption of state protection?

Ratio Decidendi

RAD concluded the RPD erred in its credibility assessment by overweighting minor inconsistencies and failing to consider corroborating evidence; applicant testimony was credible on determinative facts, documentary and country evidence showed state protection was inadequate and no internal flight alternative existed, therefore under IRPA s.111(1)(b) the RAD set aside the RPD decision and found the appellants to be Convention refugees.

Court Disposition

Appeal allowed; RPD determination set aside; RAD substitutes its own determination that the appellants are Convention refugees

Orders

  • Set aside the Refugee Protection Division's decision
  • Substitute determination that the appellants are Convention refugees pursuant to IRPA s.111(1)(b)