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The Federal Court dismissed a judicial review of a RAD refugee matter, finding no new credibility issue was raised and no reasonableness error was shown under Vavilov.
The Federal Court dismissed judicial review of a RAD refugee decision, upholding adverse credibility findings, the IFA analysis, and the refusal to consider a new political-opinion argument.
The Federal Court granted judicial review, finding the RAD’s internal flight alternative analysis unreasonable because it failed to properly assess motivation and means.
The Federal Court dismissed judicial review of a RAD decision, finding the evidence supported a private land dispute rather than persecution for imputed political opinion.
The Federal Court dismissed judicial review of a RAD decision, finding the internal flight alternative analysis reasonable and no reviewable error in the treatment of imputed political opinion.
The Federal Court allowed judicial review of a RAD decision rejecting a Honduran refugee claim, holding that the RAD’s implausibility findings were unreasonable and unsupported by the record.
The tribunal found the claimant credible and corroborated by personal and official documents, established an objective risk from the ELN based on direct and indirect threats and country evidence, concluded the claimant successfully rebutted the presumption of state protection due to ineffective protection measures, and determined that no viable internal flight alternative existed within Colombia; therefore the claimant is a Convention refugee under section 96 IRPA.
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Claimant established on a balance of probabilities a well-founded fear of persecution: (1) in China due to imputed political opinion as an ethnic Kyrgyz who studied abroad and failed to return, evidenced by past detention, threats, family contact by authorities and systemic mass detention of minorities; (2) in Kyrgyzstan due to his Chinese nationality and credible risk of serious discrimination and potential cooperation with Chinese actors; state protection and internal flight alternatives were not reasonably available; therefore claimant is a Convention refugee under s.96 IRPA.
Source excerpt
The claimant's identity and credibility were established; his past detentions and abuse by Cameroonian security forces and corroborating country condition evidence establish nexus to imputed political opinion and a serious possibility of future persecution; the state is the agent of harm so protection and internal flight are not available; therefore he qualifies as a Convention refugee under s.96 of the IRPA.
Source excerpt
On a balance of probabilities the claimant's testimony established his identity and credibility, there is a nexus between his persecution risk and imputed political opinion by Al-Shabaab, the Minister failed to discharge the burden to establish exclusion, and objective country evidence demonstrates state protection is not reasonably available, therefore the claimant qualifies as a Convention refugee under s.96 IRPA.
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