TB8-25963

TB8-25963

Although some of the Appellant's testimony lacked detail and the psychotherapist's report had limitations, the record establishes that he is an HIV‑positive homosexual human rights worker whose intersecting identities compound risks from paramilitary actors and render state protection operationally inadequate in his circumstances; on that basis the Appellant faces a serious possibility of persecution and is a Convention refugee, so the RPD determination is set aside and replaced accordingly.

Citation
TB8-25963
Parties
Appellant / Person in Cause: XXXX XXXX XXXX XXXX; Panel Member / Decision Maker: Guerlain Guerrier
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 November 2020
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act (convention Refugee Claim) / Refugee Appeal Division Decision Substituting RPD Determination
Outcome
Appeal allowed; RPD determination set aside; Appellant found to be a Convention refugee
Legal Topics
Credibility Assessment, Psychological Evidence, Persecution, State Protection, Intersectionality, Sexual Orientation and Gender Identity, HIV Status, Admissibility of Fresh Evidence, Oral Hearing Requirement
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Psychological Evidence Persecution State Protection +5 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person in Cause

Guerlain Guerrier

Panel Member / Decision Maker

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act (convention Refugee Claim) / Refugee Appeal Division Decision Substituting RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether the psychotherapist's report should have affected credibility assessment
  3. 3 Whether discrimination against sexual minorities in Colombia amounts to persecution for the Appellant

Ratio Decidendi

Although some of the Appellant's testimony lacked detail and the psychotherapist's report had limitations, the record establishes that he is an HIV‑positive homosexual human rights worker whose intersecting identities compound risks from paramilitary actors and render state protection operationally inadequate in his circumstances; on that basis the Appellant faces a serious possibility of persecution and is a Convention refugee, so the RPD determination is set aside and replaced accordingly.

Court Disposition

Appeal allowed; RPD determination set aside; Appellant found to be a Convention refugee

Orders

  • No oral hearing ordered