TB8-13698

TB8-13698

The RPD's adverse credibility findings were not supported by objective evidence. Documentary evidence in the record and the National Documentation Package showed the hukou issuance was not inconsistent with the appellant being wanted. The summonses and coercive summons conform to official samples and are genuine. The appellant's testimony was straightforward and corroborated. On independent review the RAD substituted its own determination that the appellant is a Convention refugee because he established a well-founded fear of persecution for political opinion and there is no viable state protection or internal flight alternative.

Citation
TB8-13698
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 October 2020
Procedural Posture
Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division; Decision on Appeal (no New Evidence Admitted)
Outcome
Appeal allowed; RPD decision set aside; appellant determined to be a Convention refugee
Legal Topics
Credibility Assessment, Convention Refugee Determination, Documentary Evidence (hukou, Summons), Internal Flight Alternative, Standard of Review by RAD
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Documentary Evidence (hukou, Summons) Internal Flight Alternative Standard of Review by RAD

Case Brief

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division; Decision on Appeal (no New Evidence Admitted)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in its credibility assessment of the appellant
  2. 2 Whether the RPD misassessed documentary evidence including hukou and summonses
  3. 3 Whether the appellant established Convention refugee status based on political opinion and risk of persecution

Ratio Decidendi

The RPD's adverse credibility findings were not supported by objective evidence. Documentary evidence in the record and the National Documentation Package showed the hukou issuance was not inconsistent with the appellant being wanted. The summonses and coercive summons conform to official samples and are genuine. The appellant's testimony was straightforward and corroborated. On independent review the RAD substituted its own determination that the appellant is a Convention refugee because he established a well-founded fear of persecution for political opinion and there is no viable state protection or internal flight alternative.

Court Disposition

Appeal allowed; RPD decision set aside; appellant determined to be a Convention refugee

Orders

  • Appeal allowed
  • Set aside the RPD determination and substitute a determination that the appellant is a Convention refugee pursuant to IRPA s.111(1)(b)