TB9-28765

TB9-28765

The RPD's negative credibility findings were not adequately justified, the RPD mischaracterized and undervalued testimony and objective evidence (including pastors' evidence and house church precautions), the late baptism documents were unnecessary and inadmissible, and objective country evidence establishes a real risk to converts; accordingly, the RAD substituted its own finding that the Appellants are Convention refugees.

Citation
TB9-28765
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 June 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal RAD Substituted RPD Determination
Outcome
Appeal allowed; RAD sets aside RPD decision and substitutes its own determination that the Appellants are Convention refugees pursuant to s.111(1)(b) IRPA.
Legal Topics
Credibility Assessment, Religious Persecution, Apostasy and Conversion, House Churches, State Protection, Internal Flight Alternative, Admissibility of Late Evidence, Benefit of the Doubt
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Credibility Assessment Religious Persecution Apostasy and Conversion House Churches +4 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal RAD Substituted RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in negative credibility findings regarding the Appellants' conversion and personal connection to Christianity
  2. 2 Whether the RPD failed to consider whether the Appellants would be perceived as Christians by others
  3. 3 Whether the RPD improperly discounted pastors' testimony and documentary evidence

Ratio Decidendi

The RPD's negative credibility findings were not adequately justified, the RPD mischaracterized and undervalued testimony and objective evidence (including pastors' evidence and house church precautions), the late baptism documents were unnecessary and inadmissible, and objective country evidence establishes a real risk to converts; accordingly, the RAD substituted its own finding that the Appellants are Convention refugees.

Court Disposition

Appeal allowed; RAD sets aside RPD decision and substitutes its own determination that the Appellants are Convention refugees pursuant to s.111(1)(b) IRPA.

Orders

  • Set aside the Refugee Protection Division determination dated 2 October 2019
  • Substitute RAD determination that the Appellants are Convention refugees (per s.111(1)(b) IRPA)