TB9-20832

TB9-20832

The RAD allowed the appeal, set aside the RPD determination and substituted its own finding that the appellants are Convention refugees because the RPD breached procedural fairness by violating the Gender Guidelines (asking retraumatizing and speculative questions), erred in its overall adverse credibility findings, improperly discounted credible Canadian psychiatric evidence, and failed to find adequate state protection or a viable internal flight alternative in Nigeria.

Citation
TB9-20832
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 December 2019
Procedural Posture
Refugee Protection Appeal / Rad Decision on Appeal: Substitution of RPD Determination
Outcome
Appeal allowed; RPD determination set aside; RAD substitutes finding that Appellants are Convention refugees
Legal Topics
Gender Based Persecution, Intimate Partner Violence, Credibility Assessment, Procedural Fairness, New Evidence Admissibility, Internal Flight Alternative, State Protection
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Gender Based Persecution Intimate Partner Violence Credibility Assessment Procedural Fairness +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Rad Decision on Appeal: Substitution of RPD Determination

Legal Issues

  1. 1 Whether RPD breached procedural fairness by violating the Chairperson's Guideline 4 (Gender Guidelines)
  2. 2 Whether RPD erred in adverse credibility findings
  3. 3 Whether new evidence on appeal is admissible and warrants an oral hearing

Ratio Decidendi

The RAD allowed the appeal, set aside the RPD determination and substituted its own finding that the appellants are Convention refugees because the RPD breached procedural fairness by violating the Gender Guidelines (asking retraumatizing and speculative questions), erred in its overall adverse credibility findings, improperly discounted credible Canadian psychiatric evidence, and failed to find adequate state protection or a viable internal flight alternative in Nigeria.

Court Disposition

Appeal allowed; RPD determination set aside; RAD substitutes finding that Appellants are Convention refugees

Orders

  • Set aside the RPD determination and substitute the determination that the Appellants are Convention refugees pursuant to subsection 111(1)(b) of the IRPA
  • Admit the new affidavit and medical reports on the record but decline an oral hearing on the appeal