TB9-15983

TB9-15983

The RAD allowed the appeal and substituted its own determination that the Appellants are Convention refugees because the RPD breached natural justice by excluding relevant probative documents disclosed two days late, erred in drawing an adverse credibility inference from a non‑material omission about pouring gasoline, and failed to properly assess state protection and the viability of relocation to Abuja; objective country evidence shows witchcraft accusations expose the Appellants to a serious possibility of persecution and adequate state protection and a reasonable IFA are not available.

Citation
TB9-15983
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Female Appellant: XXXX XXXX XXXX; Minor Male Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 March 2020
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Determination on Appeal; Substitution of RPD Decision
Outcome
Appeal allowed; RPD determination set aside; RAD substitutes its determination that the Appellants are Convention refugees.
Legal Topics
Refugee Protection, Internal Flight Alternative, Credibility, Natural Justice, Particular Social Group, Witchcraft Accusations, Child Claimant
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Internal Flight Alternative Credibility Natural Justice Particular Social Group +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Female Appellant

XXXX XXXX XXXX

Minor Male Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Determination on Appeal; Substitution of RPD Decision

Legal Issues

  1. 1 Whether the RPD breached natural justice by excluding late‑disclosed but relevant and probative documents
  2. 2 Whether the RPD erred in an adverse credibility finding that the Principal Appellant embellished her testimony
  3. 3 Whether adequate state protection was available in Nigeria for persons branded as witches

Ratio Decidendi

The RAD allowed the appeal and substituted its own determination that the Appellants are Convention refugees because the RPD breached natural justice by excluding relevant probative documents disclosed two days late, erred in drawing an adverse credibility inference from a non‑material omission about pouring gasoline, and failed to properly assess state protection and the viability of relocation to Abuja; objective country evidence shows witchcraft accusations expose the Appellants to a serious possibility of persecution and adequate state protection and a reasonable IFA are not available.

Court Disposition

Appeal allowed; RPD determination set aside; RAD substitutes its determination that the Appellants are Convention refugees.

Orders

  • Allow appeal; pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act set aside the RPD determination and substitute a determination that the Appellants are Convention refugees