TC0-12552

TC0-12552

The RAD accepted certain new country and affidavit evidence and, on an independent review of the record, found the central elements of the Appellant's claim credible and the documentary evidence likely authentic; because protesting land expropriation in China can lead to serious harm and state protection is unavailable, the Appellant faces a serious possibility of persecution and therefore is a Convention refugee; the RPD decision is set aside and substituted accordingly.

Citation
TC0-12552
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 April 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution of RPD Determination)
Outcome
Appeal allowed; RPD determination set aside and substituted
Legal Topics
New Evidence (s.110 Irpa), Credibility Assessment, State Protection, Internal Flight Alternative, Land Expropriation Protests, Exit Controls / Watchlists
Source Language
English
Immigration Law Refugee Law Administrative Law New Evidence (s.110 Irpa) Credibility Assessment State Protection Internal Flight Alternative Land Expropriation Protests +1 more

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution of RPD Determination)

Legal Issues

  1. 1 Whether new evidence filed on appeal meets s.110(4) IRPA and is admissible
  2. 2 Whether the Appellant's testimony and documentary evidence are sufficiently credible to establish refugee status
  3. 3 Whether the Appellant faces a risk of persecution for protesting land expropriation and whether state protection and internal flight alternatives are available

Ratio Decidendi

The RAD accepted certain new country and affidavit evidence and, on an independent review of the record, found the central elements of the Appellant's claim credible and the documentary evidence likely authentic; because protesting land expropriation in China can lead to serious harm and state protection is unavailable, the Appellant faces a serious possibility of persecution and therefore is a Convention refugee; the RPD decision is set aside and substituted accordingly.

Court Disposition

Appeal allowed; RPD determination set aside and substituted

Orders

  • RPD determination set aside and substituted: Appellant (XXXX XXXX) recognized as a Convention refugee