MB9-20831

MB9-20831

RAD independently reviewed the record and recording, found the RPD erred in adverse credibility findings regarding the principal appellant's bisexuality and relationships, concluded there is no adequate state protection nor viable internal relocation for him and set aside the RPD to declare him a Convention refugee; the RAD found the associate appellant has a viable internal flight alternative in Abuja and affirmed the RPD regarding her and the minor appellants, thus partially granting the appeal.

Citation
MB9-20831
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2020
Procedural Posture
Refugee Appeal Under IRPA Sections 96 and 97 / Appeal Heard by Refugee Appeal Division (rad); Decision Issued
Outcome
Appeal partially granted
Legal Topics
Credibility Assessment, Internal Flight Alternative, State Protection, Sexual Orientation, Convention Refugee Determination, Minor Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law LGBT Rights Credibility Assessment Internal Flight Alternative State Protection +3 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under IRPA Sections 96 and 97 / Appeal Heard by Refugee Appeal Division (rad); Decision Issued

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the principal appellant's sexual orientation and past same-sex relationships
  2. 2 Whether lack of documentary corroboration justified adverse credibility findings
  3. 3 Whether conduct in the United States was inconsistent with claimed fear of persecution in Nigeria

Ratio Decidendi

RAD independently reviewed the record and recording, found the RPD erred in adverse credibility findings regarding the principal appellant's bisexuality and relationships, concluded there is no adequate state protection nor viable internal relocation for him and set aside the RPD to declare him a Convention refugee; the RAD found the associate appellant has a viable internal flight alternative in Abuja and affirmed the RPD regarding her and the minor appellants, thus partially granting the appeal.

Court Disposition

Appeal partially granted

Orders

  • Set aside RPD determination as to the principal appellant and declare the principal appellant a Convention refugee
  • Confirm the RPD's decision with respect to the associate appellant that she is not a Convention refugee and not a person in need of protection (viable IFA in Abuja)