TC0-07673

TC0-07673

The RAD allowed the appeal because on independent review the Appellant was found credible, the RPD erred in its IFA analysis by failing to consider that the Appellant's legitimate desire to obtain a divorce would alert her husband and create a serious possibility of persecution anywhere in Zimbabwe, the psychological harm made relocation unreasonable, and the Appellant rebutted the presumption of state protection; therefore the RPD determination was set aside and the RAD substituted a finding that the Appellant is a Convention refugee.

Citation
TC0-07673
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 Appeal to Refugee Appeal Division / Decision on Appeal Substituting RPD Determination
Outcome
Appeal allowed; RPD decision set aside; substituted decision that Appellant is a Convention refugee
Legal Topics
Convention Refugee Status, Internal Flight Alternative (ifa), Credibility Assessment, Gender Based Violence, State Protection, Divorce as Factor in Risk Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Family Law Administrative Law Convention Refugee Status Internal Flight Alternative (ifa) Credibility Assessment +3 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision on Appeal Substituting RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in assessing the Appellant's credibility
  2. 2 Whether an internal flight alternative (Bulawayo) was reasonable and available
  3. 3 Whether the Appellant rebutted the presumption of state protection

Ratio Decidendi

The RAD allowed the appeal because on independent review the Appellant was found credible, the RPD erred in its IFA analysis by failing to consider that the Appellant's legitimate desire to obtain a divorce would alert her husband and create a serious possibility of persecution anywhere in Zimbabwe, the psychological harm made relocation unreasonable, and the Appellant rebutted the presumption of state protection; therefore the RPD determination was set aside and the RAD substituted a finding that the Appellant is a Convention refugee.

Court Disposition

Appeal allowed; RPD decision set aside; substituted decision that Appellant is a Convention refugee

Orders

  • RPD determination set aside
  • Substitute decision issued that the Appellant is a Convention refugee pursuant to paragraph 111(1)(b) and subsection 111(2) of the Immigration and Refugee Protection Act