VB9-10190

VB9-10190

The RPD erred in concluding the appellant was an Italian citizen because the Minister failed to produce documentary proof or explain its absence; on independent assessment the appellant is an Eritrean citizen and, based on country evidence showing persecution of deportees and failed asylum seekers, he has a well‑founded fear of persecution in Eritrea; therefore the RAD allows the appeal and substitutes the determination that the appellant is a Convention refugee under s.111(1)(b) IRPA.

Citation
VB9-10190
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 October 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Reasons and Substitution Under S.111(1)(b) IRPA
Outcome
Appeal allowed; RPD decision set aside; appellant determined to be a Convention refugee
Legal Topics
Credibility Assessment, Country of Reference, Citizenship Proof, Burden of Proof, Convention Refugee Determination, Substitution of Decision
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Country of Reference Citizenship Proof Burden of Proof Convention Refugee Determination +1 more

Case Brief

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Reasons and Substitution Under S.111(1)(b) IRPA

Legal Issues

  1. 1 Whether the RPD erred in assessing credibility
  2. 2 Whether the RPD made a country of reference assessment error by finding Italian citizenship
  3. 3 Whether the Minister discharged any burden to prove alternative citizenship

Ratio Decidendi

The RPD erred in concluding the appellant was an Italian citizen because the Minister failed to produce documentary proof or explain its absence; on independent assessment the appellant is an Eritrean citizen and, based on country evidence showing persecution of deportees and failed asylum seekers, he has a well‑founded fear of persecution in Eritrea; therefore the RAD allows the appeal and substitutes the determination that the appellant is a Convention refugee under s.111(1)(b) IRPA.

Court Disposition

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

Orders

  • Allow the appeal and set aside the Refugee Protection Division decision dated December 3, 2019
  • Substitute the determination that the appellant is a Convention refugee pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act