MB8-14853

MB8-14853

The RAD concluded the RPD erred by relying on peripheral inconsistencies, misunderstandings and mischaracterizations of evidence and failed to consider the appellant's explanations; the appellant's testimony and corroborating documents established a plausible narrative and a serious possibility of persecution for political opinion under IRPA s.96, so the RAD set aside the RPD decision and substituted a finding that the appellants are Convention refugees.

Citation
MB8-14853
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 July 2019
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal allowed; RPD determination set aside and substituted with a finding that the appellants are Convention refugees
Legal Topics
Credibility, Convention Refugee Status, Persecution, Bias and Natural Justice, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Convention Refugee Status Persecution Bias and Natural Justice Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD member's online research created a reasonable apprehension of bias
  3. 3 Whether failure to seek asylum in the United States undermines the appellants' fear

Ratio Decidendi

The RAD concluded the RPD erred by relying on peripheral inconsistencies, misunderstandings and mischaracterizations of evidence and failed to consider the appellant's explanations; the appellant's testimony and corroborating documents established a plausible narrative and a serious possibility of persecution for political opinion under IRPA s.96, so the RAD set aside the RPD decision and substituted a finding that the appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD determination set aside and substituted with a finding that the appellants are Convention refugees

Orders

  • Set aside the Refugee Protection Division determination
  • Substitute RAD determination that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act