TB6-18621

TB6-18621

The RAD found that, taking account of the Appellant's credible evidence, the cumulative effect of his mental health condition, Pashtun ethnicity and non‑conformist religious views makes it more than a mere possibility he would be persecuted on return; accordingly the RAD set aside the RPD decision and found the Appellant to be a Convention refugee under s.111(1)(b) IRPA.

Citation
TB6-18621
Parties
Appellant / Person Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 March 2017
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (rad Allows Appeal)
Outcome
Appeal allowed; RAD sets aside RPD determination and finds Appellant to be a Convention refugee pursuant to subsection 111(1)(b) IRPA.
Legal Topics
Convention Refugee, Credibility, Country Conditions, Mental Health, Religious Persecution, Ethnicity, Political Opinion, Cumulative Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Country Conditions Mental Health Religious Persecution +3 more

Case Brief

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Parties

XXXX XXXX

Appellant / Person Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (rad Allows Appeal)

Legal Issues

  1. 1 Whether there is an objective basis for the Appellant's fear of persecution
  2. 2 Whether the RPD made factual errors undermining its decision
  3. 3 Whether discrimination cumulatively amounts to persecution

Ratio Decidendi

The RAD found that, taking account of the Appellant's credible evidence, the cumulative effect of his mental health condition, Pashtun ethnicity and non‑conformist religious views makes it more than a mere possibility he would be persecuted on return; accordingly the RAD set aside the RPD decision and found the Appellant to be a Convention refugee under s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RAD sets aside RPD determination and finds Appellant to be a Convention refugee pursuant to subsection 111(1)(b) IRPA.

Orders

  • Set aside the Refugee Protection Division determination
  • Find the Appellant to be a Convention refugee pursuant to subsection 111(1)(b) of the Immigration and Refugee Protection Act