MC0-08406

MC0-08406

The RAD concluded the RPD erred in its credibility assessment because the identified omissions were not material to the essential claim; on the balance of probabilities the appellant is credible, constitutes a Convention refugee as a woman/young woman who would face persecution for refusing a forced marriage and for her relationship with a Christian man, and there is no viable internal flight alternative nor adequate state protection in Guinea; accordingly the RPD decision is set aside and substituted with a finding that the appellant is a Convention refugee under s.96 IRPA.

Citation
MC0-08406
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 April 2021
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal (reasons and Substitution)
Outcome
Appeal allowed; RPD decision set aside and substituted: appellant found to be a Convention refugee under section 96 IRPA.
Legal Topics
Convention Refugee, Gender Based Persecution, Forced Marriage, Credibility Assessment, State Protection, Internal Flight Alternative, Particular Social Group
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Gender Based Persecution Forced Marriage Credibility Assessment State Protection +2 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal (reasons and Substitution)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility
  2. 2 Whether the appellant meets the definition of a Convention refugee under section 96 IRPA by reason of membership in a particular social group (women/young women)
  3. 3 Whether there is a viable internal flight alternative in Guinea

Ratio Decidendi

The RAD concluded the RPD erred in its credibility assessment because the identified omissions were not material to the essential claim; on the balance of probabilities the appellant is credible, constitutes a Convention refugee as a woman/young woman who would face persecution for refusing a forced marriage and for her relationship with a Christian man, and there is no viable internal flight alternative nor adequate state protection in Guinea; accordingly the RPD decision is set aside and substituted with a finding that the appellant is a Convention refugee under s.96 IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellant found to be a Convention refugee under section 96 IRPA.

Orders

  • Set aside the Refugee Protection Division determination and substitute the determination that XXXX XXXX is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  • Appeal allowed