MB7-03926

MB7-03926

The RAD found that the RPD erred in wholly rejecting the appellant's credibility; accepted and weighed new evidence (passport stamps, conservator judgment, electricity bills, police summonses, and spouse's detention) as supporting the appellant's account; concluded on the balance of probabilities that the appellant...

Source-derived case information.

Citation
MB7-03926
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 October 2020
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division Following Federal Court Remittal
Outcome
Appeal allowed; RAD sets aside RPD decision and substitutes finding that the appellants are Convention refugees under section 96 of the IRPA
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110(4)), Internal Flight Alternative, State Protection, Imputed Political Opinion, Designation of Convention Refugee Under S.96 IRPA
Source Language
english
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Admissibility of New Evidence (s.110(4)) Internal Flight Alternative State Protection +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division Following Federal Court Remittal

Legal Issues

  1. 1 Whether the RPD erred in rejecting the appellant's credibility
  2. 2 Whether new evidence submitted to the RAD was admissible and its weight
  3. 3 Whether the appellants have a well-founded fear of persecution based on imputed political opinion

Ratio Decidendi

The RAD found that the RPD erred in wholly rejecting the appellant's credibility; accepted and weighed new evidence (passport stamps, conservator judgment, electricity bills, police summonses, and spouse's detention) as supporting the appellant's account; concluded on the balance of probabilities that the appellant was suspected of links to FDLR and has a well-founded fear of persecution due to imputed political opinion; determined that no viable internal flight alternative or adequate state protection exists for the family; therefore substituted the RPD decision and found the appellants to be Convention refugees under s.96 IRPA.

Court Disposition

Appeal allowed; RAD sets aside RPD decision and substitutes finding that the appellants are Convention refugees under section 96 of the IRPA

Orders

  • Set aside the Refugee Protection Division determination
  • Substitute determination that XXXX XXXX and her three minor children are Convention refugees under section 96 of the Immigration and Refugee Protection Act