VB8-03917

VB8-03917

The RAD confirmed the RPD's sur place finding because objective evidence on the record (the Principal Respondent's documented political activism in Canada, links to Amnesty International and ALQST, and country conditions demonstrating Saudi authorities would likely be aware and target dissidents and family members) established a well‑founded fear of persecution; identified credibility concerns were not determinative and the Minister's new evidence did not undermine the sur place basis.

Citation
VB8-03917
Parties
Respondent (principal): Ibrahim Mohammed S. XXXX; Respondent (associated): XXXX XXXX XXXX XXXX; Respondents (minors): XXXX XXXX XXXX XXXX; XXXX XXXX XXXX XXXX; also known as XXXX XXXX XXXX XXXX; XXXX XXXX XXXX XXXX; Appellant: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 March 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal by the Refugee Appeal Division (rad) Confirming RPD Determination
Outcome
Appeal dismissed; RPD decision confirmed that the Respondents are Convention refugees pursuant to s.111(1)(a) of IRPA
Legal Topics
Sur Place, Well Founded Fear, Credibility, Fresh Evidence / S.110 IRPA, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Sur Place Well Founded Fear Credibility Fresh Evidence / S.110 IRPA Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

Ibrahim Mohammed S. XXXX

Respondent (principal)

XXXX XXXX XXXX XXXX

Respondent (associated)

XXXX XXXX XXXX XXXX; XXXX XXXX XXXX XXXX; also known as XXXX XXXX XXXX XXXX; XXXX XXXX XXXX XXXX

Respondents (minors)

Minister

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal by the Refugee Appeal Division (rad) Confirming RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in finding a sur place basis for refugee protection
  2. 2 Whether credibility concerns should have been determinative and defeated the sur place claim
  3. 3 Whether the Respondents' delay in seeking refugee protection was reasonable

Ratio Decidendi

The RAD confirmed the RPD's sur place finding because objective evidence on the record (the Principal Respondent's documented political activism in Canada, links to Amnesty International and ALQST, and country conditions demonstrating Saudi authorities would likely be aware and target dissidents and family members) established a well‑founded fear of persecution; identified credibility concerns were not determinative and the Minister's new evidence did not undermine the sur place basis.

Court Disposition

Appeal dismissed; RPD decision confirmed that the Respondents are Convention refugees pursuant to s.111(1)(a) of IRPA

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed