TB8-32128

TB8-32128

The RAD allowed the appeal because the Appellant established nexus to the Convention ground via imputed political opinion (his refusal to testify), the RPD erred in credibility and corroboration analysis and in refusing post-hearing evidence without properly applying Rule 43, the Appellant demonstrated a real risk of future persecution by Georgian authorities and by XXXX XXXX, state protection is inadequate and no viable internal flight alternative exists; accordingly the Appellant is a Convention refugee.

Citation
TB8-32128
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 July 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons and Decision)
Outcome
Appeal allowed; RPD decision set aside; Appellant declared a Convention refugee
Legal Topics
Convention Refugee, Credibility Assessment, State Protection, Post Hearing Evidence (rule 43), Nexus to Convention Ground (political Opinion), Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility Assessment State Protection Post Hearing Evidence (rule 43) Nexus to Convention Ground (political Opinion) +1 more

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether there is nexus to a Convention ground based on imputed political opinion
  2. 2 Whether the RPD erred in credibility findings and weight given to corroborative evidence
  3. 3 Whether the RPD properly exercised discretion under Rule 43 to admit post-hearing evidence

Ratio Decidendi

The RAD allowed the appeal because the Appellant established nexus to the Convention ground via imputed political opinion (his refusal to testify), the RPD erred in credibility and corroboration analysis and in refusing post-hearing evidence without properly applying Rule 43, the Appellant demonstrated a real risk of future persecution by Georgian authorities and by XXXX XXXX, state protection is inadequate and no viable internal flight alternative exists; accordingly the Appellant is a Convention refugee.

Court Disposition

Appeal allowed; RPD decision set aside; Appellant declared a Convention refugee

Orders

  • Appeal allowed and RPD determination set aside
  • The RAD substitutes its own determination that the Appellant is a Convention refugee