TB9-32978

TB9-32978

The RPD erred in disbelieving the Principal Appellant on material grounds; his credible evidence of political activity combined with objective country conditions established a well‑founded fear of persecution for him and, by family association, for his wife and daughter; appeal allowed and a substituted decision finding them Convention refugees was required.

Citation
TB9-32978
Parties
Appellant: Principal Appellant (name redacted); Appellant: Associate Appellant (wife) (name redacted); Appellant: Second Associate Appellant (daughter) (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 January 2021
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.
Legal Topics
Credibility Assessment, Convention Refugee Status, Procedural Fairness, Risk by Association, Female Genital Mutilation (fgm), Country Condition Evidence
Source Language
English
Immigration Refugee Law Human Rights Law Credibility Assessment Convention Refugee Status Procedural Fairness Risk by Association Female Genital Mutilation (fgm) +1 more

Case Brief

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Parties

Principal Appellant (name redacted)

Appellant

Associate Appellant (wife) (name redacted)

Appellant

Second Associate Appellant (daughter) (name redacted)

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility findings regarding the Principal Appellant
  2. 2 Whether failure to claim asylum in transit countries undermines credibility
  3. 3 Whether documentary gaps vitiate the claim of arranging others' travel

Ratio Decidendi

The RPD erred in disbelieving the Principal Appellant on material grounds; his credible evidence of political activity combined with objective country conditions established a well‑founded fear of persecution for him and, by family association, for his wife and daughter; appeal allowed and a substituted decision finding them Convention refugees was required.

Court Disposition

Appeal allowed; substituted decision that the appellants are Convention refugees.

Orders

  • Appeal allowed and decision substituted: the Appellants are Convention refugees.