MB4-02502

MB4-02502

The RAD admitted the sister's asylum application (A-1) under s.110(4) as not reasonably available to the appellant before rejection, found the document authentic and material, and, giving appropriate deference but conducting its own assessment of the evidence, concluded the appellant established on the balance of probabilities that family members were recently persecuted for ethnic reasons and that he faces a well-founded fear of persecution in the Republic of the Congo; the RPD's adverse credibility findings based primarily on address inconsistencies and on giving no probative value to Exhibit C-6 were unreasonable, so the RAD set aside the RPD decision and substituted a finding that the...

Citation
MB4-02502
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2015
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Appeal to the Refugee Appeal Division (rad); RAD Decision Substituting RPD Determination
Outcome
Appeal allowed; RPD determination set aside; appellant found to be a Convention refugee under section 96 IRPA
Legal Topics
Convention Refugee, Credibility Assessment, Admissibility of New Evidence on Appeal, Internal Flight Alternative (ifa), Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Assessment Admissibility of New Evidence on Appeal Internal Flight Alternative (ifa) Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Appeal to the Refugee Appeal Division (rad); RAD Decision Substituting RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings concerning alleged 2013 threats in the Republic of the Congo
  2. 2 Whether the RAD should admit the appellant's sister's asylum application under subsection 110(4) IRPA as new evidence
  3. 3 Whether, on the totality of the evidence, the appellant meets the definition of a Convention refugee under section 96 IRPA

Ratio Decidendi

The RAD admitted the sister's asylum application (A-1) under s.110(4) as not reasonably available to the appellant before rejection, found the document authentic and material, and, giving appropriate deference but conducting its own assessment of the evidence, concluded the appellant established on the balance of probabilities that family members were recently persecuted for ethnic reasons and that he faces a well-founded fear of persecution in the Republic of the Congo; the RPD's adverse credibility findings based primarily on address inconsistencies and on giving no probative value to Exhibit C-6 were unreasonable, so the RAD set aside the RPD decision and substituted a finding that the...

Court Disposition

Appeal allowed; RPD determination set aside; appellant found to be a Convention refugee under section 96 IRPA

Orders

  • Admit document A-1 (sister's asylum application) as evidence on appeal pursuant to subsection 110(4) IRPA
  • Set aside the RPD decision of May 30, 2014