TB6-08797

TB6-08797

The RPD erred by giving no or little weight to credible witness testimony and failing to properly contextualize documentary deficiencies in light of the National Documentation Package and country conditions; on review the RAD found the appellant's identity established, nexus to a Convention ground (family targeted by Al-Shabaab) and a real risk without state or clan protection, and therefore set aside the RPD decision and substituted a finding that the appellant is a Convention refugee.

Citation
TB6-08797
Parties
Appellant: XXXX XXXX; Decision Maker / Respondent: Refugee Protection Division
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2016
Procedural Posture
Refugee Appeal to the Refugee Appeal Division / Final Determination on Appeal (substitution Under S.111(1)(b) Irpa)
Outcome
RPD decision set aside; RAD substitutes its determination that the appellant is a Convention refugee
Legal Topics
Convention Refugee, Credibility and Identity, Nexus to Persecution, State Protection, Documentary Evidence Weight
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility and Identity Nexus to Persecution State Protection Documentary Evidence Weight

Case Brief

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Parties

XXXX XXXX

Appellant

Refugee Protection Division

Decision Maker / Respondent

Procedural Posture

Refugee Appeal to the Refugee Appeal Division / Final Determination on Appeal (substitution Under S.111(1)(b) Irpa)

Legal Issues

  1. 1 Whether the RPD erred in giving little or no weight to documentary evidence
  2. 2 Whether the RPD erred in discounting witness testimony and making adverse credibility findings
  3. 3 Whether the RPD made speculative factual inferences (cell phone records) without evidence

Ratio Decidendi

The RPD erred by giving no or little weight to credible witness testimony and failing to properly contextualize documentary deficiencies in light of the National Documentation Package and country conditions; on review the RAD found the appellant's identity established, nexus to a Convention ground (family targeted by Al-Shabaab) and a real risk without state or clan protection, and therefore set aside the RPD decision and substituted a finding that the appellant is a Convention refugee.

Court Disposition

RPD decision set aside; RAD substitutes its determination that the appellant is a Convention refugee

Orders

  • Pursuant to Section 111(1)(b) of the Immigration and Refugee Protection Act, the RAD sets aside the determination of the RPD and substitutes its determination that the Appellant is a Convention refugee.