RAD – INDIA – THREATS FROM FAMILY – X (Re), 2021 CanLII 151319 (CA IRB)
The principal appellant (PA), his wife (associate appellant – AA), and child are citizens of India who fear the AA’s family as well as a Congress MLA politician due to a land dispute. They also fear police who they alleged have accused them of supporting militants.
The Refugee Protection Division (RPD) rejected the appellant’s claim on the basis that it found their allegations were not credible due to their return to India and omission of central important information from their narrative. The documentary evidence that was submitted did not provide details of their claim and could not overcome the credibility concerns it raised in the decision.
The Refugee Appeal Division (RAD) found that the RPD did not err with respect to credibility concerns however it did err in failing to address all of the appellant’s allegations of risk in its decision since its negative credibility findings did not encompass all the risks raised by the appellant. As a result, the RAD allowed the appeal and send the matter back to redetermined by a differently constituted panel of the RPD.