TB8-09143

TB8-09143

The RPD erred in finding insufficient evidence of a serious possibility of persecution and in concluding the presumption of state protection was not rebutted; unchallenged evidence that the appellants' relatives searched the home and the appellants' prior reports to police without effective protection establish a real risk and rebut state protection, so under the correctness standard the RAD sets aside the RPD decision and finds the appellants are persons in need of protection.

Citation
TB8-09143
Parties
Principal Appellant: Principal Appellant (anonymous); Co Appellant: Co-Appellant (anonymous)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 October 2019
Procedural Posture
Refugee Protection Appeal (immigration & Refugee) / Appeal Decided by Refugee Appeal Division
Outcome
Appeal allowed; RAD sets aside RPD determination and finds appellants are persons in need of protection
Legal Topics
State Protection, Burden of Proof, Serious Possibility of Persecution, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law State Protection Burden of Proof Serious Possibility of Persecution Standard of Review

Case Brief

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Parties

Principal Appellant (anonymous)

Principal Appellant

Co-Appellant (anonymous)

Co Appellant

Procedural Posture

Refugee Protection Appeal (immigration & Refugee) / Appeal Decided by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants face a serious possibility of persecution on return to Albania
  2. 2 Whether the presumption of state protection has been rebutted
  3. 3 Appropriate standard of review to apply to RPD findings

Ratio Decidendi

The RPD erred in finding insufficient evidence of a serious possibility of persecution and in concluding the presumption of state protection was not rebutted; unchallenged evidence that the appellants' relatives searched the home and the appellants' prior reports to police without effective protection establish a real risk and rebut state protection, so under the correctness standard the RAD sets aside the RPD decision and finds the appellants are persons in need of protection.

Court Disposition

Appeal allowed; RAD sets aside RPD determination and finds appellants are persons in need of protection

Orders

  • Set aside the Refugee Protection Division determination
  • Substitute decision that the appellants are persons in need of protection pursuant to IRPA s. 111(1)(b)