MC0-00855

MC0-00855

The RAD allowed the appeal and substituted the RPD's decision because the omissions in the Basis of Claim Forms were not fatal to credibility, the family members' threats (cousin and father) created a countrywide risk making proposed IFAs unrealistic, and therefore the appellants face a well‑founded fear of persecution as Convention refugees.

Citation
MC0-00855
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associated Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 March 2021
Procedural Posture
Refugee Appeal / Decision on Appeal (refugee Appeal Division)
Outcome
Appeal allowed; RPD determination substituted; appellants found to be Convention refugees
Legal Topics
Internal Flight Alternative, Sexual Orientation, Credibility, Persecution, Convention Refugee
Source Language
English
Immigration Law Refugee Law Human Rights Internal Flight Alternative Sexual Orientation Credibility Persecution Convention Refugee

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associated Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 credibility of appellants' testimony
  2. 2 availability and viability of internal flight alternative (IFA)
  3. 3 risk of persecution based on sexual orientation and family threats

Ratio Decidendi

The RAD allowed the appeal and substituted the RPD's decision because the omissions in the Basis of Claim Forms were not fatal to credibility, the family members' threats (cousin and father) created a countrywide risk making proposed IFAs unrealistic, and therefore the appellants face a well‑founded fear of persecution as Convention refugees.

Court Disposition

Appeal allowed; RPD determination substituted; appellants found to be Convention refugees

Orders

  • Appeal allowed; RPD's determination substituted and appellants declared Convention refugees