MB6-07680

MB6-07680

The RPD failed to analyze subsection 108(4) IRPA despite evidence that the appellant had a past well-founded fear and suffered appalling persecution (sexual and physical assaults) with ongoing psychological harm; therefore the compelling reasons exception applies and the RAD sets aside the RPD decision and finds the appellant a Convention refugee under s.96 IRPA.

Citation
MB6-07680
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 October 2018
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Appeal Decision (rad)
Outcome
Appeal allowed; RPD determination set aside and substituted: appellant is a Convention refugee under section 96 of the IRPA.
Legal Topics
Convention Refugee, Compelling Reasons Exception (s.108(4) Irpa), Gender Based Persecution, Past Persecution and Psychological Harm, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Compelling Reasons Exception (s.108(4) Irpa) Gender Based Persecution Past Persecution and Psychological Harm Standard of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Appeal Decision (rad)

Legal Issues

  1. 1 Whether the RPD erred by failing to consider the compelling reasons exception under subsection 108(4) of the IRPA
  2. 2 Whether the appellant had at some point a well-founded fear of persecution
  3. 3 Whether past sexual and physical assaults and resulting psychological harm constitute compelling reasons not to return the claimant

Ratio Decidendi

The RPD failed to analyze subsection 108(4) IRPA despite evidence that the appellant had a past well-founded fear and suffered appalling persecution (sexual and physical assaults) with ongoing psychological harm; therefore the compelling reasons exception applies and the RAD sets aside the RPD decision and finds the appellant a Convention refugee under s.96 IRPA.

Court Disposition

Appeal allowed; RPD determination set aside and substituted: appellant is a Convention refugee under section 96 of the IRPA.

Orders

  • Set aside the RPD's determination and substitute the determination that XXXX XXXX is a Convention refugee under section 96 of the IRPA pursuant to paragraph 111(1)(b) of the IRPA
  • Appeal allowed