TB9-30825

TB9-30825

The RAD allowed the appeal and substituted a decision that the Appellant is a Convention refugee because the RPD's adverse credibility findings were not supported: material inconsistencies and implausibility findings were either not material or outside the clearest of cases, the RPD improperly relied on unspecified...

Source-derived case information.

Citation
TB9-30825
Parties
Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 April 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (rad)
Outcome
Appeal allowed; substituted decision that Appellant is a Convention refugee pursuant to IRPA s.111(1)(b)
Legal Topics
Credibility Assessment, New Evidence on Appeal, Gender Based Persecution, State Protection, Internal Flight Alternative, Specialized Knowledge, Plausibility Findings, Corroboration
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence on Appeal Gender Based Persecution State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (rad)

  1. 1 Whether RPD erred in adverse credibility findings
  2. 2 Whether RAD may admit new evidence and whether evidence meets s.110(4) requirements
  3. 3 Whether RPD improperly applied specialized knowledge to credibility

Ratio Decidendi

The RAD allowed the appeal and substituted a decision that the Appellant is a Convention refugee because the RPD's adverse credibility findings were not supported: material inconsistencies and implausibility findings were either not material or outside the clearest of cases, the RPD improperly relied on unspecified specialized knowledge, relevant new documentary evidence submitted to RAD (itinerary, reservation, receipt, waybill) was admissible and established the visa timeline, the presumption of state protection in Kuwait was rebutted by country conditions evidence and the Appellant cannot reasonably find internal flight alternative; on the balance of probabilities the Appellant...

Court Disposition

Appeal allowed; substituted decision that Appellant is a Convention refugee pursuant to IRPA s.111(1)(b)

Orders

  • Appeal allowed and decision substituted: Appellant declared a Convention refugee pursuant to paragraph 111(1)(b) of the IRPA
  • Additional passport pages provided to RAD not admitted as new evidence; statement, flight itinerary, reservation confirmation, receipt and waybill admitted as new evidence