TC1-03403

TC1-03403

The RPD's negative credibility and implausibility findings were set aside because the RPD misconstrued evidence, omitted critical context about physical coercion, breached procedural fairness by not allowing explanation of inconsistencies, and failed to justify an implausibility finding given evidence of smuggling and systemic corruption; on independent review appellants were found credible and are Convention refugees.

Citation
TC1-03403
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 November 2021
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision
Outcome
Appeal allowed; RPD decision set aside and substituted decision that the Appellants are Convention refugees
Legal Topics
Credibility, Religious Persecution, Procedural Fairness, Country Conditions, Golden Shield/exit Controls, Sur Place Claim, Plausibility Assessment
Source Language
English
Immigration Refugee Law Administrative Law Credibility Religious Persecution Procedural Fairness Country Conditions Golden Shield/exit Controls +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the appellants have a genuine Christian religious identity and subjective fear of persecution
  2. 2 Whether there is an objective basis for that fear in Hebei province country conditions
  3. 3 Whether the RPD breached procedural fairness by failing to give appellants an opportunity to explain apparent inconsistencies

Ratio Decidendi

The RPD's negative credibility and implausibility findings were set aside because the RPD misconstrued evidence, omitted critical context about physical coercion, breached procedural fairness by not allowing explanation of inconsistencies, and failed to justify an implausibility finding given evidence of smuggling and systemic corruption; on independent review appellants were found credible and are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and substituted decision that the Appellants are Convention refugees

Orders

  • Set aside the Refugee Protection Division negative decision
  • Substitute decision finding the Appellants are Convention refugees