TB5-08487

TB5-08487

The RAD found the appellants credible, concluded the RPD erred by selectively relying on favorable extracts and failing to analyze inconsistencies in the country evidence regarding state protection, determined the documentary record showed state protection in Saint Lucia is inadequate for victims of domestic and gender-based violence, and on that basis substituted the RPD's decision under s.111(1)(b) and declared the appellants to be Convention refugees.

Citation
TB5-08487
Parties
Principal Appellant: XXXX XXXX; Secondary Appellant (daughter): XXXX XXXX; Minor Appellant (son): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 October 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision Rendered
Outcome
Appeal allowed; RAD sets aside RPD decision and substitutes that the Appellants are Convention refugees
Legal Topics
State Protection, Gender Based Violence, Credibility Assessment, Child Protection, Delay in Claiming, Appellate Standard of Review, Oral Hearing Under S.110
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Gender Based Violence Credibility Assessment Child Protection Delay in Claiming +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Secondary Appellant (daughter)

XXXX XXXX XXXX

Minor Appellant (son)

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision Rendered

Legal Issues

  1. 1 Whether the Appellants are credible
  2. 2 Whether the RPD erred in finding adequate state protection in Saint Lucia
  3. 3 Whether the minor Appellant's exposure to domestic violence amounts to persecution

Ratio Decidendi

The RAD found the appellants credible, concluded the RPD erred by selectively relying on favorable extracts and failing to analyze inconsistencies in the country evidence regarding state protection, determined the documentary record showed state protection in Saint Lucia is inadequate for victims of domestic and gender-based violence, and on that basis substituted the RPD's decision under s.111(1)(b) and declared the appellants to be Convention refugees.

Court Disposition

Appeal allowed; RAD sets aside RPD decision and substitutes that the Appellants are Convention refugees

Orders

  • Set aside the RPD determination
  • Substitute the determination that the Appellants are Convention refugees pursuant to s.111(1)(b) of the IRPA