MC0-05837

MC0-05837

The RAD allowed the PA's appeal and substituted its own decision because the RPD's adverse credibility finding rested on a mistaken application of specialized knowledge—equating the PA's generic use of 'Catholic' with Roman Catholic doctrine—and an unreasonable demand on the claimant's doctrinal knowledge; credible evidence of conversion and corroborating NDP material established a well‑founded fear of persecution and lack of state protection, whereas the AA's appeal was dismissed because she testified under oath she had no personal risk and failed to raise gender‑based grounds before the RPD, and the proffered new evidence was inadmissible under s.110(4) IRPA.

Citation
MC0-05837
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 January 2021
Procedural Posture
Refugee Appeal / Decision on Appeal (refugee Appeal Division)
Outcome
Partially allowed: PA's appeal allowed; AA's appeal dismissed
Legal Topics
Credibility Assessment, Religious Persecution (apostasy/conversion), Gender Based Persecution, Admissibility of New Evidence, Procedural Fairness, Specialized Knowledge
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Religious Persecution (apostasy/conversion) Gender Based Persecution Admissibility of New Evidence Procedural Fairness +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether RPD correctly assessed credibility of appellants
  2. 2 Proper application of specialized knowledge and notice requirements
  3. 3 Whether PA's conversion to Christianity is genuine and creates a well‑founded fear of persecution

Ratio Decidendi

The RAD allowed the PA's appeal and substituted its own decision because the RPD's adverse credibility finding rested on a mistaken application of specialized knowledge—equating the PA's generic use of 'Catholic' with Roman Catholic doctrine—and an unreasonable demand on the claimant's doctrinal knowledge; credible evidence of conversion and corroborating NDP material established a well‑founded fear of persecution and lack of state protection, whereas the AA's appeal was dismissed because she testified under oath she had no personal risk and failed to raise gender‑based grounds before the RPD, and the proffered new evidence was inadmissible under s.110(4) IRPA.

Court Disposition

Partially allowed: PA's appeal allowed; AA's appeal dismissed

Orders

  • Allow the appeal of the Principal Appellant and substitute a decision that he is a Convention refugee pursuant to para.111(1)(b) IRPA
  • Dismiss the appeal of the Associate Appellant and confirm the RPD decision that she is neither a Convention refugee nor a person in need of protection pursuant to para.111(1)(a) IRPA