TC1-03239

TC1-03239

The Principal Appellant's appeal is allowed and his claim is remitted to the RPD for re‑determination by a differently constituted panel because the RPD erred in dismissing forward‑facing risk based on country‑condition evidence while failing to resolve outstanding credibility concerns; the Associate and Minor Appellants' appeals are dismissed for failing to establish a forward‑looking risk.

Citation
TC1-03239
Parties
Principal Appellant: Principal Appellant (redacted); Associate Appellant: Associate Appellant (redacted); Minor Appellants: Minor Appellants (redacted); Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 September 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Principal Appellant appeal allowed and remitted to the Refugee Protection Division for re‑determination by a differently constituted panel; Associate and Minor Appellants appeals dismissed
Legal Topics
Forward‑looking Risk, State Protection, Credibility Assessment, Admissibility of New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Forward‑looking Risk State Protection Credibility Assessment Admissibility of New Evidence

Case Brief

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Parties

Principal Appellant (redacted)

Principal Appellant

Associate Appellant (redacted)

Associate Appellant

Minor Appellants (redacted)

Minor Appellants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the Appellants established a forward‑facing risk of persecution
  2. 2 Whether the presumption of state protection was rebutted
  3. 3 Whether new country‑condition evidence is admissible under IRPA s.110(4)

Ratio Decidendi

The Principal Appellant's appeal is allowed and his claim is remitted to the RPD for re‑determination by a differently constituted panel because the RPD erred in dismissing forward‑facing risk based on country‑condition evidence while failing to resolve outstanding credibility concerns; the Associate and Minor Appellants' appeals are dismissed for failing to establish a forward‑looking risk.

Court Disposition

Principal Appellant appeal allowed and remitted to the Refugee Protection Division for re‑determination by a differently constituted panel; Associate and Minor Appellants appeals dismissed

Orders

  • Allow Principal Appellant's appeal and refer matter back to the RPD for re‑determination by a differently constituted panel
  • Dismiss the Associate Appellant's appeal