MB4-02097

MB4-02097

The RAD set aside the RPD decision because the RPD failed to assess objectively the risk to the claimant as a human rights defender and relied on minor credibility points; documentary and testimonial evidence established claimant's membership in a particular social group (human rights defenders), state protection and internal relocation were not available, and therefore the claimant is a Convention refugee under section 96 IRPA.

Citation
MB4-02097
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXXXXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 September 2014
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; RAD Substituted RPD Determination
Outcome
Appeal allowed; RPD determination set aside and substituted with a finding that the appellant is a Convention refugee under section 96 IRPA
Legal Topics
Refugee Status Determination, Credibility Assessment, Particular Social Group, State Protection, Standard of Review, Remedial Powers of RAD
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Status Determination Credibility Assessment Particular Social Group State Protection Standard of Review +1 more

Case Brief

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Parties

XXXXXXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division; RAD Substituted RPD Determination

Legal Issues

  1. 1 Did the RPD fail to assess the objective basis of the claimant's claim as a human rights defender?
  2. 2 Were the RPD's credibility findings properly based on significant inconsistencies or impermissibly based on minor points?
  3. 3 Is state protection and internal relocation available to the claimant?

Ratio Decidendi

The RAD set aside the RPD decision because the RPD failed to assess objectively the risk to the claimant as a human rights defender and relied on minor credibility points; documentary and testimonial evidence established claimant's membership in a particular social group (human rights defenders), state protection and internal relocation were not available, and therefore the claimant is a Convention refugee under section 96 IRPA.

Court Disposition

Appeal allowed; RPD determination set aside and substituted with a finding that the appellant is a Convention refugee under section 96 IRPA

Orders

  • Set aside the Refugee Protection Division decision dated March 7, 2014
  • Substitute a determination that the appellant is a Convention refugee within the meaning of section 96 of the IRPA