VB9-09627

VB9-09627

The RAD found that the RPD erred in its credibility assessment of the Principal Appellant by failing to identify contradictions or justify reliance on stereotypes and by failing to apply the SOGIE Guideline; on a balance of probabilities the Principal Appellant established her sexual orientation and is a Convention refugee, while the spouse and minor failed to prove a personal nexus to persecution and their appeals fail.

Citation
VB9-09627
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (rad)
Outcome
Appeal allowed in part: Principal Appellant found to be a Convention refugee; appeals of spouse and minor dismissed.
Legal Topics
Credibility Assessment, Sexual Orientation as Convention Ground, Internal Flight Alternative, Family Based Refugee Claims, Application of SOGIE Guideline
Source Language
English
Immigration Law Refugee Law Human Rights Law Lgbtq+ Rights Credibility Assessment Sexual Orientation as Convention Ground Internal Flight Alternative Family Based Refugee Claims +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD erred in its credibility finding as to the Principal Appellant's sexual orientation
  2. 2 Whether corroborative evidence was properly assessed consistent with the SOGIE Guideline
  3. 3 Whether an internal flight alternative or state protection was reasonably available

Ratio Decidendi

The RAD found that the RPD erred in its credibility assessment of the Principal Appellant by failing to identify contradictions or justify reliance on stereotypes and by failing to apply the SOGIE Guideline; on a balance of probabilities the Principal Appellant established her sexual orientation and is a Convention refugee, while the spouse and minor failed to prove a personal nexus to persecution and their appeals fail.

Court Disposition

Appeal allowed in part: Principal Appellant found to be a Convention refugee; appeals of spouse and minor dismissed.

Orders

  • RAD sets aside the RPD determination and substitutes its own determination that the Principal Appellant is a Convention refugee pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act
  • Appeals of the male (spouse) Appellant and the minor Appellant are dismissed