TC0-09926

TC0-09926

The RAD overturned the RPD's adverse credibility findings on the sur place element because sufficient evidence of genuine Christian faith and practice in Canada (timely church attendance, baptism, sustained participation, evangelistic intent and religious knowledge) established on a balance of probabilities that the appellants are genuine Christian converts; coupled with country conditions (apostasy/proselytizing punishable severely) this creates a serious possibility of persecution with no state protection or safe internal flight alternative, therefore the RPD determination is set aside and appellants are refugees.

Citation
TC0-09926
Parties
Principal Appellant: XXXX XXXX XXXX (Principal Appellant); Spousal Appellant: XXXX XXXX (Spousal Appellant)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 April 2021
Procedural Posture
Refugee Appeal (refugee Protection Division Decision Appealed to Refugee Appeal Division) / Decision on Appeal (written Reasons)
Outcome
Appeals allowed; RPD decision set aside; appellants found to be refugees by virtue of their religion as genuine Christian converts.
Legal Topics
Refugee Protection, Religious Persecution, Sur Place Claim, Credibility Assessment, State Protection, Internal Flight Alternative, Conversion/apostasy
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Refugee Protection Religious Persecution Sur Place Claim Credibility Assessment +3 more

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Parties

XXXX XXXX XXXX (Principal Appellant)

Principal Appellant

XXXX XXXX (Spousal Appellant)

Spousal Appellant

Procedural Posture

Refugee Appeal (refugee Protection Division Decision Appealed to Refugee Appeal Division) / Decision on Appeal (written Reasons)

Legal Issues

  1. 1 Credibility of appellants' evidence regarding conversion in Iran
  2. 2 Whether appellants are genuine Christian converts
  3. 3 Whether appellants have a sur place claim and face a serious possibility of persecution

Ratio Decidendi

The RAD overturned the RPD's adverse credibility findings on the sur place element because sufficient evidence of genuine Christian faith and practice in Canada (timely church attendance, baptism, sustained participation, evangelistic intent and religious knowledge) established on a balance of probabilities that the appellants are genuine Christian converts; coupled with country conditions (apostasy/proselytizing punishable severely) this creates a serious possibility of persecution with no state protection or safe internal flight alternative, therefore the RPD determination is set aside and appellants are refugees.

Court Disposition

Appeals allowed; RPD decision set aside; appellants found to be refugees by virtue of their religion as genuine Christian converts.

Orders

  • Pursuant to s.111(1)(b) IRPA the RPD determination is set aside.
  • The RAD substitutes its determination that the appellants are refugees by virtue of their religion as genuine Christian converts.