TB8-19152

TB8-19152

The RPD erred by relying on a trivial timing discrepancy and by failing to account for the cultural context and corrected translation of a supporting letter; on the record the principal appellant credibly established political involvement and detention, the corrected translation corroborates detention and injuries, country conditions show persecutory conduct by state agents and absence of state protection or viable IFA, therefore on the balance of probabilities the appellants are Convention refugees and the RAD sets aside and substitutes the RPD decision pursuant to paragraph 111(1)(b) IRPA.

Citation
TB8-19152
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 March 2019
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Determination on Appeal (substitution)
Outcome
Appeal allowed; RAD sets aside the RPD decision and substitutes a finding that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Political Opinion, Particular Social Group (family Members), Credibility Findings, State Protection, Internal Flight Alternative, Gender Based Persecution Guideline, Post Hearing Evidence
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Political Opinion Particular Social Group (family Members) Credibility Findings State Protection +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Associate Appellant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Determination on Appeal (substitution)

Legal Issues

  1. 1 Whether the RPD erred in finding the principal appellant did not credibly establish political involvement
  2. 2 Whether the RPD erred in finding an inconsistency between a supporting document and the principal appellant's testimony (translation error)
  3. 3 Whether the appellants face more than a mere possibility of persecution and lack state protection or a viable internal flight alternative

Ratio Decidendi

The RPD erred by relying on a trivial timing discrepancy and by failing to account for the cultural context and corrected translation of a supporting letter; on the record the principal appellant credibly established political involvement and detention, the corrected translation corroborates detention and injuries, country conditions show persecutory conduct by state agents and absence of state protection or viable IFA, therefore on the balance of probabilities the appellants are Convention refugees and the RAD sets aside and substitutes the RPD decision pursuant to paragraph 111(1)(b) IRPA.

Court Disposition

Appeal allowed; RAD sets aside the RPD decision and substitutes a finding that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act.

Orders

  • The RPD decision dated July 17, 2018 is set aside and replaced with a determination that the appellants are Convention refugees.
  • No referral back to the RPD; RAD substitutes its own determination granting refugee protection.