TC2-00408

TC2-00408

The RAD found the RPD breached natural justice and procedural fairness through racist stereotyping, improper direction to counsel to alter evidence, confrontational and disrespectful questioning, and erroneous reliance on stereotypes in assessing credibility. After an independent assessment of the full record applying Guidelines 4 and 9 and country conditions, the Principal Appellant was credible on a balance of probabilities as a bisexual woman, Nigeria offers no operational state protection and bisexual women face a serious possibility of persecution, and the Nigerian minor faces persecution as a family member; the American minor does not face a serious possibility of persecution in the...

Citation
TC2-00408
Parties
Principal Appellant: XXXX XXXX XXXX; Nigerian Minor Appellant: XXXX XXXX XXXX; American Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 August 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (rad Reasons and Substitution)
Outcome
Appeal allowed in part: substitute decision that Principal Appellant and Nigerian Minor Appellant are Convention refugees; appeal dismissed for American Minor Appellant.
Legal Topics
Credibility Assessment, Natural Justice and Bias, Sexual Orientation and SOGIESC, Guideline 4 (gender Considerations), Guideline 9 (sogiesc), Country Conditions, Family Member Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Natural Justice and Bias Sexual Orientation and SOGIESC Guideline 4 (gender Considerations) +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Nigerian Minor Appellant

XXXX XXXX XXXX

American Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (rad Reasons and Substitution)

Legal Issues

  1. 1 Whether the RPD correctly applied Chairperson's Guideline 4 and Guideline 9
  2. 2 Whether the RPD's pre-hearing conduct and questioning breached natural justice and gave rise to reasonable apprehension of bias
  3. 3 Whether the Principal Appellant is credible on the issue of bisexuality

Ratio Decidendi

The RAD found the RPD breached natural justice and procedural fairness through racist stereotyping, improper direction to counsel to alter evidence, confrontational and disrespectful questioning, and erroneous reliance on stereotypes in assessing credibility. After an independent assessment of the full record applying Guidelines 4 and 9 and country conditions, the Principal Appellant was credible on a balance of probabilities as a bisexual woman, Nigeria offers no operational state protection and bisexual women face a serious possibility of persecution, and the Nigerian minor faces persecution as a family member; the American minor does not face a serious possibility of persecution in the...

Court Disposition

Appeal allowed in part: substitute decision that Principal Appellant and Nigerian Minor Appellant are Convention refugees; appeal dismissed for American Minor Appellant.

Orders

  • Substitute decision granting Convention refugee status to the Principal Appellant (XXXX XXXX XXXX)
  • Substitute decision granting Convention refugee status to the Nigerian Minor Appellant (XXXX XXXX XXXX)