TB9-04235

TB9-04235

The RPD applied an excessively exacting corroboration standard and mischaracterized the evidence; on independent review the appellants were found credible, established nexus to a Convention ground as bisexual woman and child of a bisexual woman, demonstrated an objective basis for fear of persecution in Nigeria, and had no reasonable state protection or internal flight alternative, therefore the RAD set aside and substituted the RPD decision finding them Convention refugees.

Citation
TB9-04235
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXXa.k.a XXXX XXXX XXXX XXXX XXXXXXXX; Secondary Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 January 2021
Procedural Posture
Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division (rad) Seeking Substitution of Refugee Protection Division (rpd) Decision
Outcome
Appeal allowed; RPD decision set aside and substituted: appellants found to be Convention refugees
Legal Topics
Credibility Assessment, Admissibility of Evidence, Membership in a Particular Social Group, State Protection, Internal Flight Alternative, HIV Status, Substitution of Administrative Decision
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Admissibility of Evidence Membership in a Particular Social Group State Protection +3 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXXa.k.a XXXX XXXX XXXX XXXX XXXXXXXX

Principal Appellant

XXXX XXXX XXXX

Secondary Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Heard by Refugee Appeal Division (rad) Seeking Substitution of Refugee Protection Division (rpd) Decision

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility findings
  2. 2 Whether the appellants have nexus to a Convention ground (membership in a particular social group)
  3. 3 Whether there is an objective basis for fear and whether state protection or internal flight alternative exists

Ratio Decidendi

The RPD applied an excessively exacting corroboration standard and mischaracterized the evidence; on independent review the appellants were found credible, established nexus to a Convention ground as bisexual woman and child of a bisexual woman, demonstrated an objective basis for fear of persecution in Nigeria, and had no reasonable state protection or internal flight alternative, therefore the RAD set aside and substituted the RPD decision finding them Convention refugees.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellants found to be Convention refugees

Orders

  • Set aside the Refugee Protection Division decision dated January 22, 2019
  • Substitute determination that the appellants are Convention refugees pursuant to IRPA s.111(1)(b)