TB4-01843

TB4-01843

The RAD admitted the appellants' new evidence under IRPA s.110(4), granted an oral hearing under s.110(6) because the new evidence was central and raised serious credibility issues, found the principal Appellant's testimony and witness evidence credible and accepted his identity as bisexual, concluded that country conditions in Nigeria expose LGBTI persons and their families to a real risk of persecution and lack of state protection, and therefore substituted the RPD decision and determined the Appellants are Convention refugees pursuant to IRPA s.111(1)(b).

Citation
TB4-01843
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (female): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 January 2016
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision Substituting RPD Decision Under IRPA S.111(1)(b)
Outcome
Appeal allowed; RAD substituted RPD decision and determined the Appellants are Convention refugees.
Legal Topics
Refugee Protection, Convention Refugee, Credibility Findings, Admissibility of New Evidence, Sexual Orientation, Country Conditions, Oral Hearing Under RAD Rules
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Credibility Findings Admissibility of New Evidence Sexual Orientation +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (female)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision Substituting RPD Decision Under IRPA S.111(1)(b)

Legal Issues

  1. 1 Whether the RAD should admit and consider new evidence under IRPA s.110(4)
  2. 2 Whether an oral hearing should be held under IRPA s.110(6)
  3. 3 Whether the principal Appellant's sexual orientation as bisexual is credible

Ratio Decidendi

The RAD admitted the appellants' new evidence under IRPA s.110(4), granted an oral hearing under s.110(6) because the new evidence was central and raised serious credibility issues, found the principal Appellant's testimony and witness evidence credible and accepted his identity as bisexual, concluded that country conditions in Nigeria expose LGBTI persons and their families to a real risk of persecution and lack of state protection, and therefore substituted the RPD decision and determined the Appellants are Convention refugees pursuant to IRPA s.111(1)(b).

Court Disposition

Appeal allowed; RAD substituted RPD decision and determined the Appellants are Convention refugees.

Orders

  • Substitute decision under IRPA s.111(1)(b): Appellants are Convention refugees.
  • Admit and rely on new evidence submitted to the RAD and the oral hearing testimony.