TB9-08854

TB9-08854

RAD allowed the appeal and substituted its own decision finding the appellant is a Convention refugee because the RPD erred in discounting the psychological report and other corroborative evidence; when assessed correctly the testimony, receipts and letters establish a well-founded fear of persecution for political...

Source-derived case information.

Citation
TB9-08854
Parties
Appellant: XXXX XXXX XXXX; Respondent: Minister of Immigration, Refugees and Citizenship Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 August 2020
Procedural Posture
Refugee Appeal (convention Refugee Claim) / Decision on Appeal (rad Substituted Decision)
Outcome
Appeal allowed; RAD substitutes decision finding Appellant is a Convention refugee.
Legal Topics
Credibility Assessment, Psychological Evidence, Convention Refugee, Sur Place, Reavailment, Membership Evidence, Standard of Review
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Assessment Psychological Evidence Convention Refugee Sur Place Reavailment +2 more

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Parties

XXXX XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship Canada

Respondent

Procedural Posture

Refugee Appeal (convention Refugee Claim) / Decision on Appeal (rad Substituted Decision)

  1. 1 Whether RPD erred in negative credibility findings
  2. 2 Whether psychological report rehabilitates credibility
  3. 3 Whether appellant established Convention refugee status based on political opinion

Ratio Decidendi

RAD allowed the appeal and substituted its own decision finding the appellant is a Convention refugee because the RPD erred in discounting the psychological report and other corroborative evidence; when assessed correctly the testimony, receipts and letters establish a well-founded fear of persecution for political opinion and reavailment and sur place findings were properly treated as neutral or unsupported by the record.

Court Disposition

Appeal allowed; RAD substitutes decision finding Appellant is a Convention refugee.

Orders

  • Appeal allowed and RPD decision set aside; substituted decision: Appellant declared a Convention refugee.