TB7-09135

TB7-09135

On independent review the RAD found the core elements of the appellant's account credible (pastor, public support for LGBTIQ persons, church attacked, detention, loss of job), concluded those facts establish a well-founded fear of persecution for a Convention refugee ground, found state protection and an internal flight alternative unavailable in Nigeria, and therefore set aside the RPD decision and declared the appellant a Convention refugee.

Citation
TB7-09135
Parties
Principal Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 December 2018
Procedural Posture
Refugee Appeal (convention Refugee Claim) / Redetermination on Remand From the Federal Court
Outcome
Appeal allowed; RAD sets aside the RPD determination and substitutes its own determination that the appellant is a Convention refugee
Legal Topics
Convention Refugee Status, Credibility Assessment, Sexual Orientation and Gender Identity (sogie), State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Status Credibility Assessment Sexual Orientation and Gender Identity (sogie) State Protection Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (convention Refugee Claim) / Redetermination on Remand From the Federal Court

Legal Issues

  1. 1 Admissibility of late evidence and whether an oral hearing is required
  2. 2 Whether the appellant is a Convention refugee
  3. 3 Credibility of the appellant's testimony and documentary evidence

Ratio Decidendi

On independent review the RAD found the core elements of the appellant's account credible (pastor, public support for LGBTIQ persons, church attacked, detention, loss of job), concluded those facts establish a well-founded fear of persecution for a Convention refugee ground, found state protection and an internal flight alternative unavailable in Nigeria, and therefore set aside the RPD decision and declared the appellant a Convention refugee.

Court Disposition

Appeal allowed; RAD sets aside the RPD determination and substitutes its own determination that the appellant is a Convention refugee

Orders

  • Set aside the RPD decision and substitute a determination that the appellant is a Convention refugee pursuant to IRPA s.111(1)(b)
  • Late evidence (church circular) not entered into evidence