VB9-09223

VB9-09223

The RAD concluded the RPD erred: the presumption of truthfulness was not displaced by the minor inconsistencies; the original arrest warrant is authentic and admissible; the PA's practice included defending political opponents, establishing a serious possibility of arrest and persecution; the Associate Appellant faces the same risk by association; a change of government did not negate the risk given the intact state apparatus; accordingly both appellants qualify as Convention refugees.

Citation
VB9-09223
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2020
Procedural Posture
Refugee Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Appeals allowed; RPD decision set aside; both appellants recognized as Convention refugees.
Legal Topics
Convention Refugee, Credibility Assessment, Risk of Persecution, Admissibility of New Evidence, Family Member Risk
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Credibility Assessment Risk of Persecution Admissibility of New Evidence Family Member Risk

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in displacing the presumption of truthfulness
  2. 2 Whether the copy of the arrest warrant was authentic and whether the original was admissible on appeal
  3. 3 Whether the Principal Appellant's legal practice profile exposed her to political persecution

Ratio Decidendi

The RAD concluded the RPD erred: the presumption of truthfulness was not displaced by the minor inconsistencies; the original arrest warrant is authentic and admissible; the PA's practice included defending political opponents, establishing a serious possibility of arrest and persecution; the Associate Appellant faces the same risk by association; a change of government did not negate the risk given the intact state apparatus; accordingly both appellants qualify as Convention refugees.

Court Disposition

Appeals allowed; RPD decision set aside; both appellants recognized as Convention refugees.

Orders

  • Appeals allowed and the Refugee Protection Division decision set aside
  • Both Principal and Associate Appellants are recognized as Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act