MB4-00169

MB4-00169

The RAD accepted the new evidence (party letter and membership cards) as credible and material, found the RPD's credibility findings insufficient in light of that evidence, conducted its own assessment under s.111(1) IRPA and concluded on a balance of probabilities that the appellant is a Convention refugee because he was persecuted for political activity and cannot obtain state protection or a viable internal flight alternative; the RPD determination was set aside and substituted accordingly.

Citation
MB4-00169
Parties
Appellant: XXXX XXXX; Respondent (intervener): Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2014
Procedural Posture
Refugee Appeal to Refugee Appeal Division (rad) / Hearing and Decision on Appeal; RAD Substituted Determination
Outcome
appeal allowed; RPD determination set aside; appellant found to be a Convention refugee under section 96 IRPA
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Standard of Review for Appellate Tribunal, Convention Refugee Determination, State Protection and Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Standard of Review for Appellate Tribunal Convention Refugee Determination State Protection and Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX

Appellant

Minister of Public Safety Canada

Respondent (intervener)

Procedural Posture

Refugee Appeal to Refugee Appeal Division (rad) / Hearing and Decision on Appeal; RAD Substituted Determination

Legal Issues

  1. 1 Whether new evidence met the threshold of s.110(4) IRPA and related tests (credibility, relevance, newness, materiality)
  2. 2 Whether the new evidence raised a serious issue affecting the appellant's credibility
  3. 3 Whether the RPD misassessed facts or law such that the RAD should substitute its own determination under s.111(1) IRPA

Ratio Decidendi

The RAD accepted the new evidence (party letter and membership cards) as credible and material, found the RPD's credibility findings insufficient in light of that evidence, conducted its own assessment under s.111(1) IRPA and concluded on a balance of probabilities that the appellant is a Convention refugee because he was persecuted for political activity and cannot obtain state protection or a viable internal flight alternative; the RPD determination was set aside and substituted accordingly.

Court Disposition

appeal allowed; RPD determination set aside; appellant found to be a Convention refugee under section 96 IRPA

Orders

  • Set aside the Refugee Protection Division decision
  • Substitute determination that XXXX XXXX is a Convention refugee under section 96 of the IRPA