TB8-05949

TB8-05949

The RAD found the RPD erred in its negative credibility assessment of the Principal Appellant, substituted a finding that he is credible and faces a serious possibility of persecution for political opinion if returned to Venezuela, and that no state protection or reasonable internal flight alternative exists; accordingly the Principal Appellant is a Convention refugee and his appeal is allowed, while the Female and Minor Appellants' appeals are dismissed for lack of established claims.

Citation
TB8-05949
Parties
Appellant: Principal Appellant; Appellant: Female Appellant; Appellant: Minor Appellant
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 February 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal (reasons for Decision)
Outcome
Principal Appellant's appeal allowed; Female and Minor Appellants' appeals dismissed.
Legal Topics
Credibility Assessment, Convention Refugee, State Protection, Internal Flight Alternative, New Evidence and Oral Hearing (s.110(4))
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Credibility Assessment Convention Refugee State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

Principal Appellant

Appellant

Female Appellant

Appellant

Minor Appellant

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in finding the Principal Appellant not credible
  2. 2 Whether the Female Appellant has a well-founded fear of persecution in Iran
  3. 3 Whether the Minor Appellant has a claim vis-à-vis the United States

Ratio Decidendi

The RAD found the RPD erred in its negative credibility assessment of the Principal Appellant, substituted a finding that he is credible and faces a serious possibility of persecution for political opinion if returned to Venezuela, and that no state protection or reasonable internal flight alternative exists; accordingly the Principal Appellant is a Convention refugee and his appeal is allowed, while the Female and Minor Appellants' appeals are dismissed for lack of established claims.

Court Disposition

Principal Appellant's appeal allowed; Female and Minor Appellants' appeals dismissed.

Orders

  • Pursuant to s.111(1)(b) IRPA the RPD determination is set aside and substituted: the Principal Appellant is determined to be a Convention refugee.
  • Pursuant to s.111(1)(a) IRPA the RPD decision is confirmed: the Female and Minor Appellants are neither Convention refugees nor persons in need of protection.