VB8-07568

VB8-07568

The RAD allowed the appeal because it accepted the appellant's credible and consistent testimony that he is a member of the minority Gabooye clan and was in a romantic relationship with an Isaaq woman; given the NDP evidence and the appellant's factual history (attacks, destruction of home, involvement of police, abduction of brother), the appellant faces a serious possibility of persecution throughout Somalia on a Convention ground (race/clan membership), and state protection and an internal flight alternative are not available.

Citation
VB8-07568
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Designated Representative: Designated representative; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 June 2020
Procedural Posture
Refugee Appeal (convention Refugee Determination) / Decision by Refugee Appeal Division
Outcome
Appeal allowed; appellant found to be a Convention refugee
Legal Topics
Convention Refugee, Credibility Assessment, Clan Based Persecution, State Protection, Internal Flight Alternative, Admissibility of New Evidence
Source Language
English
Immigration Refugee Law Human Rights Law Convention Refugee Credibility Assessment Clan Based Persecution State Protection Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Designated representative

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal (convention Refugee Determination) / Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellant is a member of the minority Gabooye clan
  2. 2 Whether appellant had a romantic relationship with an Isaaq clan woman
  3. 3 Whether appellant faces a serious possibility of persecution throughout Somalia on a Convention ground

Ratio Decidendi

The RAD allowed the appeal because it accepted the appellant's credible and consistent testimony that he is a member of the minority Gabooye clan and was in a romantic relationship with an Isaaq woman; given the NDP evidence and the appellant's factual history (attacks, destruction of home, involvement of police, abduction of brother), the appellant faces a serious possibility of persecution throughout Somalia on a Convention ground (race/clan membership), and state protection and an internal flight alternative are not available.

Court Disposition

Appeal allowed; appellant found to be a Convention refugee

Orders

  • Appeal allowed
  • Appellant recognized as a Convention refugee