TC0-09815

TC0-09815

On the balance of probabilities the appellants proved they were targeted because of the father's political/business antagonism, documentary and affidavit evidence corroborated the account, state protection was not available given police corruption and affiliation of persecutors with ruling party, and no viable IFA existed; therefore appellants meet the Convention refugee definition and are persons in need of protection, and the appeal is allowed with a substituted decision granting protection.

Citation
TC0-09815
Parties
Principal Appellant (husband, Father): XXXX XXXX XXXX; Associate Appellant (wife, Mother): XXXX XXXX XXXX; Minor Associate Appellant (child): XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2021
Procedural Posture
Refugee Appeal (convention Refugee Determination) / Decision on Appeal by Refugee Appeal Division; Substitute Decision Issued
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees and persons in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Internal Flight Alternative, Credibility, New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection State Protection Internal Flight Alternative Credibility +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant (husband, Father)

XXXX XXXX XXXX

Associate Appellant (wife, Mother)

XXXX XXXX XXXX

Minor Associate Appellant (child)

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (convention Refugee Determination) / Decision on Appeal by Refugee Appeal Division; Substitute Decision Issued

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the Appellants are persons in need of protection
  3. 3 Whether state protection is available

Ratio Decidendi

On the balance of probabilities the appellants proved they were targeted because of the father's political/business antagonism, documentary and affidavit evidence corroborated the account, state protection was not available given police corruption and affiliation of persecutors with ruling party, and no viable IFA existed; therefore appellants meet the Convention refugee definition and are persons in need of protection, and the appeal is allowed with a substituted decision granting protection.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees and persons in need of protection

Orders

  • Substitute decision granting Convention refugee status and protection to the Appellants
  • New visa evidence accepted onto the record