Notice of Identification of Persuasive Decision – RAD TC0-09011

​Persuasive decisions are decisions that have been identified by a division head as being of persuasive value in developing the jurisprudence of the Refugee Protection Division (RPD) or Refugee Appeal Division (RAD). They are decisions that members are encouraged to rely upon in the interests of consistency and effective decision-making.

I am of the view that the reasons for decision in TC0-09011 are of persuasive value to members of the RAD.

This decision determines that the Federal Court of Appeal's decisions in Majebi, 2016 FCA 274 and Abel, 2021 CAF 131 do not prohibit the RAD's consideration of admissible new evidence about Article 1E of the Refugee Convention. Considering Majebi and Abel in view of the RAD's jurisdiction (Huruglica, 2016 FCA 93 and Rozas del Solar, 2018 FC 1145), the Member in TC0-09011 determined that the RAD's statutory obligation to consider admissible new evidence “unlocks” the restrictions set out in the Majebi decision (Decision TC0-09011, para. 80-83) - this occurs where the new evidence renders the RPD's decision “in error” (Majebi at para 9). This approach, the Member found, was consistent with the RAD's larger obligation to engage in a correctness review, which demands that the RAD decide the issues “exactly as it thinks it should” based on the record before it and substitute its own conclusion if it ends up being different than that of the RPD (Rozas del Solar at para. 15).

Members are encouraged to adopt the reasoning of the persuasive decision when the facts of the case before them are sufficiently similar to those in that case.

Signed by Paula Thompson
Deputy Chairperson, Refugee Appeal Division
August 24​, 2023