TB9-33439

TB9-33439

The RPD erred in discounting the pastor's firsthand evidence and in its credibility approach; the admitted new evidence (baptism certificates, updated pastor letter, volunteer records) credibly demonstrates the appellants are genuine Christian converts and, given Iran's documented punishment of apostasy and lack of state protection, they face a serious possibility of persecution on the Convention ground of religion; therefore the appeal is allowed and a substituted decision finds them Convention refugees.

Citation
TB9-33439
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 October 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal — Substitution of RPD Decision
Outcome
Appeal allowed; substituted decision that the appellants are Convention refugees on the basis of religion (sur place conversion).
Legal Topics
Sur Place, Religion (christian Conversion), Credibility Assessment, New Evidence (s.110(4) IRPA and Rule 29), Gender Related Persecution, Apostasy
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Sur Place Religion (christian Conversion) Credibility Assessment New Evidence (s.110(4) IRPA and Rule 29) +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal — Substitution of RPD Decision

Legal Issues

  1. 1 Whether the appellants established Convention refugee status on the basis of religion (sur place conversion)
  2. 2 Whether the RPD erred in assessing and giving little weight to the pastor's firsthand evidence
  3. 3 Whether new evidence submitted on appeal is admissible, credible and relevant under s.110(4) IRPA and Rule 29

Ratio Decidendi

The RPD erred in discounting the pastor's firsthand evidence and in its credibility approach; the admitted new evidence (baptism certificates, updated pastor letter, volunteer records) credibly demonstrates the appellants are genuine Christian converts and, given Iran's documented punishment of apostasy and lack of state protection, they face a serious possibility of persecution on the Convention ground of religion; therefore the appeal is allowed and a substituted decision finds them Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the appellants are Convention refugees on the basis of religion (sur place conversion).

Orders

  • Substitute decision: grant Convention refugee status to the Principal Appellant and the Associate Appellant.
  • Admit new evidence submitted on appeal (baptism certificates, updated pastor letter, volunteer records, interpreter audit).