VC1-05153

VC1-05153

The RPD erred by failing to consider whether state protection continued to be effective after criminal charges were dropped; on the evidence the appellant was repeatedly stalked and denied effective police investigation in Colorado, and given country conditions (anti-trans rhetoric, prevalence of firearms, uneven statutory protections) and the appellant's personal vulnerability and lack of social/economic supports, internal relocation within the US (including New York) is unreasonable; therefore state protection is inadequate and the appellant qualifies as a Convention refugee.

Citation
VC1-05153
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 October 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision on Appeal RAD Substituted Decision Allowing Appeal
Outcome
Appeal allowed; RAD substitutes decision finding appellant is a Convention refugee
Legal Topics
State Protection, Persecution, Internal Flight Alternative, SOGIESC (sexual Orientation and Gender Identity), Procedural Fairness, Admissibility of New Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law State Protection Persecution Internal Flight Alternative SOGIESC (sexual Orientation and Gender Identity) +2 more

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of RPD Decision) / Final Decision on Appeal RAD Substituted Decision Allowing Appeal

Legal Issues

  1. 1 Whether the RPD erred in assessing state protection (unwillingness or inability to protect)
  2. 2 Whether appellant faces persecution on account of gender identity
  3. 3 Whether new and late evidence should be admitted

Ratio Decidendi

The RPD erred by failing to consider whether state protection continued to be effective after criminal charges were dropped; on the evidence the appellant was repeatedly stalked and denied effective police investigation in Colorado, and given country conditions (anti-trans rhetoric, prevalence of firearms, uneven statutory protections) and the appellant's personal vulnerability and lack of social/economic supports, internal relocation within the US (including New York) is unreasonable; therefore state protection is inadequate and the appellant qualifies as a Convention refugee.

Court Disposition

Appeal allowed; RAD substitutes decision finding appellant is a Convention refugee

Orders

  • Appeal allowed and substituted decision: Ms. B is a Convention refugee
  • Majority of appellant's late and new evidence admitted (specified documents excluded in reasons)