TB5-11263

TB5-11263

The RAD set aside the RPD decision because, on independent review, the cumulative evidence (identity witness, property sale documents, corroborating letters, credible core testimony and admissible new evidence on Kenyan travel times) established the Appellants' personal and national identity on a balance of probabilities; their credible account shows they are members of a minority clan and were targeted by Al Shabaab for perceived opposition to its moral code, giving rise to a well‑founded fear of persecution with no adequate state protection or internal flight alternative; accordingly the Appellants are Convention refugees and the RAD substitutes that determination pursuant to IRPA...

Citation
TB5-11263
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 July 2017
Procedural Posture
Refugee Protection Appeal (rad Redetermination) / Redetermination by RAD Following Federal Court Consent Remittal; Decision Stage, No Oral Hearing Requested
Outcome
Appeal allowed; RAD sets aside RPD determination and substitutes its own finding that the Appellants are Convention refugees.
Legal Topics
Identity Assessment, Credibility Findings, Admissibility of New Evidence, Convention Refugee Determination, Internal Flight Alternative/state Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Assessment Credibility Findings Admissibility of New Evidence Convention Refugee Determination Internal Flight Alternative/state Protection

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal (rad Redetermination) / Redetermination by RAD Following Federal Court Consent Remittal; Decision Stage, No Oral Hearing Requested

Legal Issues

  1. 1 Whether the RPD erred in its identity assessment
  2. 2 Whether proposed new evidence meets IRPA s.110(4) and Singh/Raza factors
  3. 3 Whether the Appellants have a well‑founded fear of persecution on Convention grounds

Ratio Decidendi

The RAD set aside the RPD decision because, on independent review, the cumulative evidence (identity witness, property sale documents, corroborating letters, credible core testimony and admissible new evidence on Kenyan travel times) established the Appellants' personal and national identity on a balance of probabilities; their credible account shows they are members of a minority clan and were targeted by Al Shabaab for perceived opposition to its moral code, giving rise to a well‑founded fear of persecution with no adequate state protection or internal flight alternative; accordingly the Appellants are Convention refugees and the RAD substitutes that determination pursuant to IRPA...

Court Disposition

Appeal allowed; RAD sets aside RPD determination and substitutes its own finding that the Appellants are Convention refugees.

Orders

  • Set aside the Refugee Protection Division decision dated September 25, 2015 and the RAD decision of January 21, 2016.
  • Substitute a determination that the Appellants are Convention refugees.