TB8-05144

TB8-05144

The RPD erred by relying primarily on lack of corroboration without making credibility findings or sufficiently canvassing central allegations regarding sexual orientation, same‑sex relationship and the alleged agent of persecution; accordingly the RAD allows the appeals of the principal appellant, his wife and daughters and refers their claims back to the RPD for redetermination, but dismisses the appeal of the minor who is a U.S. citizen under s.111(1)(a) IRPA.

Citation
TB8-05144
Parties
Principal Appellant: XXXX XXXX XXXX; Appellant Wife: XXXX XXXX XXXX; Appellant Daughter: XXXX XXXX XXXX XXXX XXXX; Appellant Daughter: XXXX XXXX XXXX; Appellant Son (minor, U.s. Citizen): XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 November 2018
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal; Referral to Refugee Protection Division for Redetermination
Outcome
Appeal dismissed as to the minor U.S. citizen; appeals allowed for the principal appellant, his wife and daughters; claims referred back to the RPD for redetermination under s.111(1)(c) IRPA.
Legal Topics
Credibility, Corroboration, Sexual Orientation (sogie), Re‑availment, Failure to Seek Asylum, Convention Refugee Determination, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Corroboration Sexual Orientation (sogie) Re‑availment Failure to Seek Asylum +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Appellant Wife

XXXX XXXX XXXX XXXX XXXX

Appellant Daughter

XXXX XXXX XXXX

Appellant Daughter

XXXX XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Appellant Son (minor, U.s. Citizen)

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal; Referral to Refugee Protection Division for Redetermination

Legal Issues

  1. 1 Whether the RPD erred by relying on lack of corroboration in the absence of credibility findings
  2. 2 Whether the RPD sufficiently canvassed core elements of the appellants' sexual orientation and relationship allegations
  3. 3 Whether re‑availment to Nigeria and failure to seek asylum in Egypt and the U.S. undermine subjective fear

Ratio Decidendi

The RPD erred by relying primarily on lack of corroboration without making credibility findings or sufficiently canvassing central allegations regarding sexual orientation, same‑sex relationship and the alleged agent of persecution; accordingly the RAD allows the appeals of the principal appellant, his wife and daughters and refers their claims back to the RPD for redetermination, but dismisses the appeal of the minor who is a U.S. citizen under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed as to the minor U.S. citizen; appeals allowed for the principal appellant, his wife and daughters; claims referred back to the RPD for redetermination under s.111(1)(c) IRPA.

Orders

  • Dismiss the appeal of the minor appellant pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act
  • Allow the appeals of the principal appellant, his wife and daughters and refer their claims back to the Refugee Protection Division for re‑determination pursuant to s.111(1)(c) of the Immigration and Refugee Protection Act