TB9-05949

TB9-05949

The RAD admitted the new evidence of the Principal Appellant's conversion, found the conversion credible on the balance of probabilities, concluded that converts to Christianity (and their family members) face a real risk of persecution in Iran with no state protection or viable internal flight alternative, and therefore set aside the RPD's negative determination and substituted positive determinations finding the appellants to be Convention refugees pursuant to s.111(1)(b) IRPA.

Citation
TB9-05949
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Child Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (appeal Allowed)
Outcome
Appeal allowed; RPD negative decision set aside and substituted with positive determinations that the appellants are Convention refugees
Legal Topics
Religious Persecution, Conversion, Credibility Assessment, Admissibility of New Evidence, Internal Flight Alternative, State Agent of Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Religious Persecution Conversion Credibility Assessment Admissibility of New Evidence Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Child Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (appeal Allowed)

Legal Issues

  1. 1 Admissibility of new evidence about conversion
  2. 2 Credibility of the Principal Appellant's conversion to Christianity
  3. 3 Whether conversion creates nexus to a Convention ground (religion)

Ratio Decidendi

The RAD admitted the new evidence of the Principal Appellant's conversion, found the conversion credible on the balance of probabilities, concluded that converts to Christianity (and their family members) face a real risk of persecution in Iran with no state protection or viable internal flight alternative, and therefore set aside the RPD's negative determination and substituted positive determinations finding the appellants to be Convention refugees pursuant to s.111(1)(b) IRPA.

Court Disposition

Appeal allowed; RPD negative decision set aside and substituted with positive determinations that the appellants are Convention refugees

Orders

  • Appeal allowed pursuant to paragraph 111(1)(b) of the IRPA
  • Set aside the RPD's negative determination and substitute positive decisions declaring the appellants Convention refugees