VB8-07663

VB8-07663

Although the appellant was found credible and an Aaronic priesthood excerpt was admissible, the objective country evidence does not establish a serious possibility of persecution in Bangladesh arising from his conversion to the LDS church or his described religious activities; Exhibit B was inadmissible as not new; accordingly the RAD dismissed the appeal and confirmed the RPD decision.

Citation
VB8-07663
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Following a Refugee Protection Division Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; appellant not a Convention refugee nor a person in need of protection pursuant to s.111(1)(a) IRPA
Legal Topics
Religious Persecution, Conversion, Proselytizing, Blasphemy Laws, Admissibility of New Evidence, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Religious Persecution Conversion Proselytizing Blasphemy Laws Admissibility of New Evidence +1 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Following a Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the appellant's fear of persecution for converting from Islam to the LDS church is objectively well-founded
  2. 2 Whether the appellant's role in the Aaronic priesthood and alleged proselytizing exposes him to risk under Bangladesh blasphemy laws
  3. 3 Whether two documents proffered as new evidence meet the exceptions in s.110(4) IRPA and the Singh/Raza factors

Ratio Decidendi

Although the appellant was found credible and an Aaronic priesthood excerpt was admissible, the objective country evidence does not establish a serious possibility of persecution in Bangladesh arising from his conversion to the LDS church or his described religious activities; Exhibit B was inadmissible as not new; accordingly the RAD dismissed the appeal and confirmed the RPD decision.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; appellant not a Convention refugee nor a person in need of protection pursuant to s.111(1)(a) IRPA

Orders

  • Appeal dismissed and RPD determination confirmed