TB8-07329

TB8-07329

The RPD erred by equating legislative steps with effective state protection, failing to assess the appellants' risk in Jamaica despite clear indicia of dual nationality and proximity to the agent of persecution, and by not accounting for prior counsel's failures that prevented relevant evidence from being placed...

Source-derived case information.

Citation
TB8-07329
Parties
Appellant: XXXX XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 September 2020
Procedural Posture
Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division
Outcome
Appeal allowed; RPD decision set aside and substituted: appellants are persons in need of protection
Legal Topics
State Protection, Domestic Violence, Procedural Fairness, Admission of New Evidence, Country of Nationality Assessment, Internal Flight Alternative
Source Language
en
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Domestic Violence Procedural Fairness Admission of New Evidence +2 more

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Parties

XXXX XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division

  1. 1 Whether state protection was available and effective in Antigua and Barbuda
  2. 2 Whether there was a serious possibility of persecution on a Convention ground in Jamaica
  3. 3 Whether appellants faced a risk to life or risk of cruel and unusual treatment or torture upon return to Jamaica

Ratio Decidendi

The RPD erred by equating legislative steps with effective state protection, failing to assess the appellants' risk in Jamaica despite clear indicia of dual nationality and proximity to the agent of persecution, and by not accounting for prior counsel's failures that prevented relevant evidence from being placed before the RPD; sufficient new, credible and relevant evidence was admitted and, on the substituted decision, adequate state protection and internal flight alternatives were not available in Antigua or Jamaica, therefore the appellants are persons in need of protection.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellants are persons in need of protection

Orders

  • Appeal admitted and allowed
  • Substitute decision that the appellants are persons in need of protection