MC0-04425

MC0-04425

The RPD erred by failing to apply Chairperson Guidelines 4 and by misassessing credibility and documentary evidence; assessing the claim on the correct basis as gender-based persecution of an educated woman and member of a women's education association, the Appellants face a serious possibility of persecution in Chad and the Minor Appellant faces risk by association, therefore they are Convention refugees.

Citation
MC0-04425
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 May 2021
Procedural Posture
Refugee Appeal / Final Decision on Appeal
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Gender Based Persecution, Particular Social Group, Credibility Assessment, State Protection, Chairperson Guidelines 4
Source Language
English
Immigration Refugee Law Human Rights Gender Based Persecution Particular Social Group Credibility Assessment State Protection Chairperson Guidelines 4

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Final Decision on Appeal

Legal Issues

  1. 1 Whether the Principal Appellant faces a risk of persecution due to her gender in Chad
  2. 2 Whether the Minor Appellant faces a risk as a family member of a person who transgresses gender-based social norms
  3. 3 Whether the RPD erred in its credibility assessment and in dismissing documentary evidence without considering its probative value

Ratio Decidendi

The RPD erred by failing to apply Chairperson Guidelines 4 and by misassessing credibility and documentary evidence; assessing the claim on the correct basis as gender-based persecution of an educated woman and member of a women's education association, the Appellants face a serious possibility of persecution in Chad and the Minor Appellant faces risk by association, therefore they are Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed and decision substituted: Appellants are Convention refugees