VB8-03192

VB8-03192

On an independent review the RAD found that peripheral inconsistencies identified by the RPD did not undermine the central issue of the appellant's sexual identity; on the balance of probabilities the appellant is a gay man; country evidence demonstrates a real risk of persecution in Mongolia, state protection is inadequate and no viable internal flight alternative exists; therefore the appellant is a Convention refugee and the RPD decision was set aside and substituted accordingly.

Citation
VB8-03192
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 August 2019
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Following RPD Redetermination; RAD De Novo Review on Documents
Outcome
Appeal allowed; RPD decision set aside and substituted: appellant determined to be a Convention refugee.
Legal Topics
Sexual Orientation (sogie), Credibility Assessment, Convention Refugee Status, State Protection, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Sexual Orientation (sogie) Credibility Assessment Convention Refugee Status State Protection Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Following RPD Redetermination; RAD De Novo Review on Documents

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellant's sexual orientation
  2. 2 Whether the appellant has a well‑founded fear of persecution as a gay man or as a member of the LGBT community in Mongolia
  3. 3 Whether state protection in Mongolia is available and adequate

Ratio Decidendi

On an independent review the RAD found that peripheral inconsistencies identified by the RPD did not undermine the central issue of the appellant's sexual identity; on the balance of probabilities the appellant is a gay man; country evidence demonstrates a real risk of persecution in Mongolia, state protection is inadequate and no viable internal flight alternative exists; therefore the appellant is a Convention refugee and the RPD decision was set aside and substituted accordingly.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellant determined to be a Convention refugee.

Orders

  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act the RAD sets aside the RPD determination and substitutes its own determination that the appellant is a Convention refugee.