TB8-20157

TB8-20157

The RAD concluded the RPD erred in its adverse credibility findings because the unimpugned evidence and corroborating country and personal documentation outweighed the impugned elements; the passport absence and certificate photo anomalies did not undermine the core claim, and on a balance of probabilities the appellant is a Convention refugee.

Citation
TB8-20157
Parties
Appellant / Person Subject of Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 September 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Final Decision (appeal Allowed)
Outcome
Appeal allowed; RPD determination set aside; appellant found to be a Convention refugee
Legal Topics
Credibility Assessment, Convention Refugee Determination, State Protection, Internal Flight Alternative, Documentary Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination State Protection Internal Flight Alternative Documentary Evidence

Case Brief

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Parties

XXXX XXXX

Appellant / Person Subject of Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Final Decision (appeal Allowed)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the absence of the passport justified an adverse credibility inference
  3. 3 Whether discrepancies in qualification certificates undermined the core claim

Ratio Decidendi

The RAD concluded the RPD erred in its adverse credibility findings because the unimpugned evidence and corroborating country and personal documentation outweighed the impugned elements; the passport absence and certificate photo anomalies did not undermine the core claim, and on a balance of probabilities the appellant is a Convention refugee.

Court Disposition

Appeal allowed; RPD determination set aside; appellant found to be a Convention refugee

Orders

  • Appeal allowed
  • Set aside the determination of the Refugee Protection Division