VB9-05728

VB9-05728

RAD found RPD erred in its adverse credibility findings, gave significant weight to independent medical report and corroborating evidence, concluded Principal Appellant and Co-Appellant have nexus to a Convention ground (particular social group: bisexual/homosexual males and family member), found no state protection or viable IFA, and substituted the RPD decision to declare the Principal Appellant and Co-Appellant Convention refugees while confirming the RPD decision for the Dependent Minor Son.

Citation
VB9-05728
Parties
Principal Appellant: XXXX XXXX XXXX a.k.a. XXXX XXXX; Co Appellant: XXXX XXXX XXXX; Dependent Minor Son: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision (reasons Issued by Rad)
Outcome
Appeal allowed in part: RAD substitutes RPD decision and finds Principal Appellant and Co-Appellant are Convention refugees; RAD confirms RPD decision that Dependent Minor Son is not a Convention refugee or person in need of protection.
Legal Topics
Credibility Assessment, Sexual Orientation and Gender Identity (sogie), Persecution, Particular Social Group, State Protection, Internal Flight Alternative, Medical Evidence, Delay in Departure, Failure to Claim in Third Country
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Sexual Orientation and Gender Identity (sogie) Persecution Particular Social Group +5 more

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Parties

XXXX XXXX XXXX a.k.a. XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Co Appellant

XXXX XXXX XXXX

Dependent Minor Son

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Decision (reasons Issued by Rad)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether SOGIE Guidelines and Gender Guidelines were applied
  3. 3 Whether there is nexus to a Convention ground

Ratio Decidendi

RAD found RPD erred in its adverse credibility findings, gave significant weight to independent medical report and corroborating evidence, concluded Principal Appellant and Co-Appellant have nexus to a Convention ground (particular social group: bisexual/homosexual males and family member), found no state protection or viable IFA, and substituted the RPD decision to declare the Principal Appellant and Co-Appellant Convention refugees while confirming the RPD decision for the Dependent Minor Son.

Court Disposition

Appeal allowed in part: RAD substitutes RPD decision and finds Principal Appellant and Co-Appellant are Convention refugees; RAD confirms RPD decision that Dependent Minor Son is not a Convention refugee or person in need of protection.

Orders

  • Pursuant to section 111(1)(b) of the IRPA the RAD substitutes the RPD decision and determines Principal Appellant XXXX XXXX XXXX a.k.a. XXXX XXXX and Co-Appellant XXXX XXXX XXXX are Convention refugees under section 96 of the IRPA.
  • Pursuant to section 111(1)(a) of the IRPA the RAD confirms the RPD decision that Dependent Minor Son XXXX XXXX XXXX is not a Convention refugee under section 96 of the IRPA or a person in need of protection under section 97(1) of the IRPA.