TC0-05132

TC0-05132

The RAD substituted its own decision allowing the appeal and found the appellants to be Convention refugees because credible documentary and medical evidence established nexus to a political opinion, a well-founded fear of persecution, lack of effective state protection and no viable internal flight alternative; new and late evidence was admissible and former counsel's conduct did not prejudice the claim.

Citation
TC0-05132
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 February 2021
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision on Appeal Substituted Decision
Outcome
Appeal allowed; substituted decision that Appellants are Convention refugees
Legal Topics
Convention Refugee, Well Founded Fear of Persecution, State Protection, Internal Flight Alternative, Credibility, New and Late Evidence
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Well Founded Fear of Persecution State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal Substituted Decision

Legal Issues

  1. 1 Whether appellants qualify as Convention refugees
  2. 2 Nexus between membership/political opinion and persecution
  3. 3 Credibility of testimony given mental health issues

Ratio Decidendi

The RAD substituted its own decision allowing the appeal and found the appellants to be Convention refugees because credible documentary and medical evidence established nexus to a political opinion, a well-founded fear of persecution, lack of effective state protection and no viable internal flight alternative; new and late evidence was admissible and former counsel's conduct did not prejudice the claim.

Court Disposition

Appeal allowed; substituted decision that Appellants are Convention refugees

Orders

  • Appeal allowed
  • Substituted decision that the Appellants are Convention refugees