TB9-05625

TB9-05625

Despite some adverse credibility findings, the appellants established on a balance of probabilities a credible subjective fear and an objectively reasonable risk of persecution tied to their secular cultural profile; state protection and internal flight alternative are not viable, therefore they are Convention refugees and the RPD decision is set aside.

Citation
TB9-05625
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 January 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal allowed; RPD determination set aside and replaced with a finding that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Credibility Assessment, State Protection, Internal Flight Alternative, Admissibility of New Evidence (rule 29)
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Assessment State Protection Internal Flight Alternative Admissibility of New Evidence (rule 29)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether adverse credibility findings are dispositive of refugee claim
  2. 2 Whether appellants have a subjective fear of persecution
  3. 3 Whether there is an objective basis for fear of persecution

Ratio Decidendi

Despite some adverse credibility findings, the appellants established on a balance of probabilities a credible subjective fear and an objectively reasonable risk of persecution tied to their secular cultural profile; state protection and internal flight alternative are not viable, therefore they are Convention refugees and the RPD decision is set aside.

Court Disposition

Appeal allowed; RPD determination set aside and replaced with a finding that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act

Orders

  • Admitted new evidence: Principal Appellant affidavit dated XXXX XXXX 2019 (first affidavit) and invitation to Mother Tongue Day (undated).
  • Under Rule 29 admitted: Principal Appellant second affidavit dated XXXX XXXX 2019; emails and attached letter from PA's associate dated XXXX XXXX 2019; article 'Padatik Natya Sangsad staged their popular play "Shey"', The Daily Star, 4 August 2019.