TB9-02351

TB9-02351

The RAD admitted the interpreter's letter, two Iraqi court documents and subsequent credible country condition articles as new evidence, found on the balance of probabilities that the Appellant received a credible threat from a pro‑Shia militia (Ahl Al‑Haq) and that state protection and internal flight alternatives...

Source-derived case information.

Citation
TB9-02351
Parties
Appellant: XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 June 2020
Procedural Posture
Refugee Appeal / Refugee Appeal Division Decision Substituting RPD Determination
Outcome
Appeal allowed; RAD set aside RPD decision and substituted its own determination that the Appellant is a Convention refugee.
Legal Topics
Convention Refugee, Credibility, New Evidence Admission, State Protection, Internal Flight Alternative, Persecution Risk, Oral Hearing Under S.110(6)
Source Language
en
Immigration Law Refugee Law Administrative Law Convention Refugee Credibility New Evidence Admission State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Refugee Appeal Division Decision Substituting RPD Determination

  1. 1 Whether the RPD erred in its credibility and reliability findings regarding the alleged threat
  2. 2 Whether new evidence met the criteria for admission under s.110(4) IRPA and Rule 29
  3. 3 Whether the admitted evidence establishes an objective basis/serious possibility of persecution

Ratio Decidendi

The RAD admitted the interpreter's letter, two Iraqi court documents and subsequent credible country condition articles as new evidence, found on the balance of probabilities that the Appellant received a credible threat from a pro‑Shia militia (Ahl Al‑Haq) and that state protection and internal flight alternatives are unavailable; therefore the RPD erred and the RAD substituted its determination that the Appellant is a Convention refugee.

Court Disposition

Appeal allowed; RAD set aside RPD decision and substituted its own determination that the Appellant is a Convention refugee.

Orders

  • Set aside the RPD decision dated December 17, 2018 and substitute a determination that the Appellant is a Convention refugee pursuant to s.111(1)(b) IRPA
  • Admitted into the record the interpreter's letter, two Iraqi court documents (Judicial Investigator's Report and written complaint) and specified news articles as new evidence