TB9-06077

TB9-06077

The RAD concluded the Appellant's Saudi residency was tentative and dependent on his mother's sponsorship and therefore subject to cancellation; Article 1E did not apply. On independent assessment the RAD found the Appellant faces a well-founded fear of persecution in Yemen based on imputed political opinion and risk of forced recruitment, and substituted a positive determination, declaring the Appellant a Convention refugee pursuant to para 111(1)(b) IRPA.

Citation
TB9-06077
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 June 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal; RAD Set Aside RPD Decision and Substituted Positive Determination
Outcome
Appeal allowed; RPD decision set aside and substituted: Appellant determined to be a Convention refugee
Legal Topics
Article 1 E Exclusion, Convention Refugee Determination, Credibility Assessment, Admissibility of New Evidence on Appeal, Internal Flight Alternative, Forced Recruitment / Persecution
Source Language
English
Immigration Refugee Law International Law Article 1 E Exclusion Convention Refugee Determination Credibility Assessment Admissibility of New Evidence on Appeal Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division Under Irpa) / Decision on Appeal; RAD Set Aside RPD Decision and Substituted Positive Determination

Legal Issues

  1. 1 Whether the Appellant is excluded from refugee protection under Article 1E of the Refugee Convention
  2. 2 Whether the Appellant has a well-founded fear of persecution on a Convention ground in Yemen
  3. 3 Admissibility of new evidence on appeal and request for oral hearing

Ratio Decidendi

The RAD concluded the Appellant's Saudi residency was tentative and dependent on his mother's sponsorship and therefore subject to cancellation; Article 1E did not apply. On independent assessment the RAD found the Appellant faces a well-founded fear of persecution in Yemen based on imputed political opinion and risk of forced recruitment, and substituted a positive determination, declaring the Appellant a Convention refugee pursuant to para 111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: Appellant determined to be a Convention refugee

Orders

  • Appeal allowed pursuant to paragraph 111(1)(b) IRPA; RPD negative determination set aside and substituted with a positive determination that the Appellant is a Convention refugee.
  • New evidence submitted on appeal excluded; request for an oral hearing denied.