VB7-02234

VB7-02234

The RAD confirmed the RPD's credibility findings as reasonable given the principal respondent's vulnerability and corroborating evidence, found no evidence the alleged child abduction was completed prior to arrival so Article 1F(b) exclusion does not apply, and found on a balance of probabilities the principal and associated respondents meet the definition of Convention refugees due to a real risk of persecution and lack of state protection in Iran; appeal dismissed and RPD determination confirmed.

Citation
VB7-02234
Parties
Principal Respondent: XXXX XXXX; Associate Respondent: XXXX XXXX; Appellant: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2017
Procedural Posture
Refugee Appeal (minister's Appeal to Rad) / Decision on Appeal — RAD Confirmation of RPD Determination
Outcome
Appeal dismissed; RPD determination confirming respondents are Convention refugees pursuant to s96 of the Act is confirmed
Legal Topics
Article 1 F(b) Exclusion, Credibility Assessment, Convention Refugee Status, Child Abduction (criminal Code S283), Imminent Harm Defence (criminal Code S285), Standard of Review, Gender Based Persecution, Vulnerable Claimants
Source Language
English
Immigration and Refugee Protection Refugee Law Criminal Law Family Law Administrative Law Article 1 F(b) Exclusion Credibility Assessment Convention Refugee Status +5 more

Case Brief

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Parties

XXXX XXXX

Principal Respondent

XXXX XXXX

Associate Respondent

Minister

Appellant

Procedural Posture

Refugee Appeal (minister's Appeal to Rad) / Decision on Appeal — RAD Confirmation of RPD Determination

Legal Issues

  1. 1 Whether the principal respondent had the requisite mens rea for child abduction prior to entry to engage Article 1F(b) exclusion
  2. 2 Whether the RPD's credibility findings were reasonable
  3. 3 Whether the principal respondent is excluded under Article 1F(b) for committing a serious non-political crime prior to admission

Ratio Decidendi

The RAD confirmed the RPD's credibility findings as reasonable given the principal respondent's vulnerability and corroborating evidence, found no evidence the alleged child abduction was completed prior to arrival so Article 1F(b) exclusion does not apply, and found on a balance of probabilities the principal and associated respondents meet the definition of Convention refugees due to a real risk of persecution and lack of state protection in Iran; appeal dismissed and RPD determination confirmed.

Court Disposition

Appeal dismissed; RPD determination confirming respondents are Convention refugees pursuant to s96 of the Act is confirmed

Orders

  • Appeal dismissed and RPD determination confirmed that the principal and associated respondents are Convention refugees
  • Certain confidential documents submitted by the Minister were struck from the appeal record; specified new exhibits admitted by the RAD (Exhibits 4, 5, 6)