TC0-08552

TC0-08552

The RPD erred by making credibility findings based on peripheral discrepancies, speculative assessments of documentary authenticity without expertise, and improper reliance on generalized reports of fraudulent documents; the RAD admitted relevant new evidence, independently assessed the record on the balance of...

Source-derived case information.

Citation
TC0-08552
Parties
Appellant: XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister of Immigration, Refugees and Citizenship Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 March 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision (reasons and Substituted Decision)
Outcome
Appeal allowed; substituted decision that Appellants are Convention refugees and persons in need of protection
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Credibility Assessment, Corroboration of Evidence, Admission of Late Evidence (rule 29)
Source Language
en
Immigration Refugee Law Administrative Law Convention Refugee State Protection Internal Flight Alternative Credibility Assessment Corroboration of Evidence +1 more

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Parties

XXXX XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship Canada

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision (reasons and Substituted Decision)

  1. 1 Whether the RPD erred in credibility findings regarding applicants' evidence
  2. 2 Whether the RPD improperly assessed and discredited corroborating documents
  3. 3 Whether late and post‑decision evidence should be admitted under Rule 29 and s.110(4) IRPA

Ratio Decidendi

The RPD erred by making credibility findings based on peripheral discrepancies, speculative assessments of documentary authenticity without expertise, and improper reliance on generalized reports of fraudulent documents; the RAD admitted relevant new evidence, independently assessed the record on the balance of probabilities, found the Appellants' testimony and corroborating documents credible, concluded state protection and internal flight alternatives would not be available, and substituted its own decision granting Convention refugee status and protection.

Court Disposition

Appeal allowed; substituted decision that Appellants are Convention refugees and persons in need of protection

Orders

  • Substitute decision: Appellants found to be Convention refugees and persons in need of protection
  • Admit new evidence items e through m and items n through u (post‑RPD and late evidence) as prima facie credible and relevant