MB9-30506

MB9-30506

The RAD found the RPD erred in assessing credibility, concluded the appellants' testimony and supporting documentation are credible, that the presumption of state protection is rebutted given state passivity toward threats to converts and interfaith couples, and that there is no viable internal flight alternative in Jordan; accordingly the appeal is allowed and the appellants are Convention refugees.

Citation
MB9-30506
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 December 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal allowed; RPD decision set aside and substituted with RAD determination that appellants are Convention refugees
Legal Topics
Credibility Assessment, State Protection, Internal Flight Alternative, Admissibility of New Evidence Under S.110(4) IRPA
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment State Protection Internal Flight Alternative Admissibility of New Evidence Under S.110(4) IRPA

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the appellants' credibility
  2. 2 Whether the appellants rebutted the presumption of state protection
  3. 3 Whether there is a viable internal flight alternative in Jordan

Ratio Decidendi

The RAD found the RPD erred in assessing credibility, concluded the appellants' testimony and supporting documentation are credible, that the presumption of state protection is rebutted given state passivity toward threats to converts and interfaith couples, and that there is no viable internal flight alternative in Jordan; accordingly the appeal is allowed and the appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and substituted with RAD determination that appellants are Convention refugees

Orders

  • Appeal allowed and RPD decision replaced with a finding that the appellants are Convention refugees
  • Evidence submitted on appeal excluded as not meeting subsection 110(4) IRPA