TB9-05785

TB9-05785

The RPD erred by failing to consider material objective evidence (notably UN reporting and Special Rapporteur findings) demonstrating that Bahamian state protection is operationally inadequate for survivors of gender-based violence except in excessively gruesome cases; given the appellants' credible testimony, the threats and history of abuse, the lack of effective protection mechanisms, the absence of a viable internal flight alternative, and administrative impediments to acquiring Haitian citizenship, the appellants face a serious possibility of persecution and are Convention refugees; the RAD substitutes its own decision to allow the appeal.

Citation
TB9-05785
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 August 2020
Procedural Posture
Convention Refugee Determination Appeal (refugee Appeal Division) / Decision on Appeal (rad Substitution)
Outcome
Appeal allowed; substituted decision recognizing appellants as Convention refugees
Legal Topics
State Protection, Internal Flight Alternative, Credibility, Convention Refugee Recognition, Domestic Violence, Citizenship Acquisition
Source Language
English
Immigration Refugee Law Human Rights Family Law Administrative Law Gender Based Violence State Protection Internal Flight Alternative +4 more

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX

Appellant (minor)

Minister (Canada)

Respondent

Procedural Posture

Convention Refugee Determination Appeal (refugee Appeal Division) / Decision on Appeal (rad Substitution)

Legal Issues

  1. 1 Whether operationally adequate state protection is available in the Bahamas for survivors of gender-based violence
  2. 2 Whether the appellants face a well-founded fear/serious possibility of persecution as survivors of domestic violence and child abuse
  3. 3 Whether a viable internal flight alternative exists in the Bahamas

Ratio Decidendi

The RPD erred by failing to consider material objective evidence (notably UN reporting and Special Rapporteur findings) demonstrating that Bahamian state protection is operationally inadequate for survivors of gender-based violence except in excessively gruesome cases; given the appellants' credible testimony, the threats and history of abuse, the lack of effective protection mechanisms, the absence of a viable internal flight alternative, and administrative impediments to acquiring Haitian citizenship, the appellants face a serious possibility of persecution and are Convention refugees; the RAD substitutes its own decision to allow the appeal.

Court Disposition

Appeal allowed; substituted decision recognizing appellants as Convention refugees

Orders

  • Appeal allowed; substituted decision that the appellants are Convention refugees