TB9-19427

TB9-19427

Although objective materials show stigma against people living with HIV and some secondary stigma against family members in Nigeria, the evidence as applied to the appellants' particular circumstances was insufficient to establish, on the balance of probabilities, that they would face stigma and discrimination that cumulatively amounts to persecution or that they would be denied access to essential services; new evidence proffered was partially admissible but did not change that conclusion; therefore the RPD's rejection of the refugee and protection claims was correct.

Citation
TB9-19427
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 November 2020
Procedural Posture
Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Persecution, Stigma and Discrimination, HIV Related Stigma, Admissibility of New Evidence, Country Conditions
Source Language
English
Immigration Refugee Law Administrative Law Persecution Stigma and Discrimination HIV Related Stigma Admissibility of New Evidence Country Conditions

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 Whether family members of a person living with HIV face stigma and discrimination amounting to persecution in Nigeria
  2. 2 Whether appellants would be imputed or perceived as HIV+ and thereby be at risk of persecution
  3. 3 Whether new evidence on appeal is admissible and requires an oral hearing

Ratio Decidendi

Although objective materials show stigma against people living with HIV and some secondary stigma against family members in Nigeria, the evidence as applied to the appellants' particular circumstances was insufficient to establish, on the balance of probabilities, that they would face stigma and discrimination that cumulatively amounts to persecution or that they would be denied access to essential services; new evidence proffered was partially admissible but did not change that conclusion; therefore the RPD's rejection of the refugee and protection claims was correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; RPD decision of July 4, 2019 confirmed