VB8-06563

VB8-06563

The RAD allowed the appeal and substituted its own decision because the RPD's adverse credibility findings were based on immaterial, microscopic inconsistencies and stereotypes, the RPD failed to meaningfully apply the SOGIE Guideline, the appellants' sworn evidence and corroborating new evidence (marriage certificate and support letters) established on a balance of probabilities that they are gay and at risk in Ghana, and objective evidence showed lack of state protection and no viable internal flight alternative.

Citation
VB8-06563
Parties
Principal Appellant: Principal Appellant (PA) - XXXX XXXX; Associate Appellant: Associate Appellant (AA) - XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 January 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Sexual Orientation (sogie), Credibility Assessment, State Protection, Internal Flight Alternative, New Evidence (s.110(4) Irpa), Oral Hearing Discretion (s.110(6) Irpa)
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Sexual Orientation (sogie) Credibility Assessment State Protection Internal Flight Alternative +2 more

Case Brief

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Parties

Principal Appellant (PA) - XXXX XXXX

Principal Appellant

Associate Appellant (AA) - XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (substitution)

Legal Issues

  1. 1 Whether appellants are Convention refugees due to persecution on account of sexual orientation
  2. 2 Whether RPD erred in credibility findings and in applying SOGIE Guideline
  3. 3 Whether new evidence under s.110(4) IRPA should be admitted and justifies substitution

Ratio Decidendi

The RAD allowed the appeal and substituted its own decision because the RPD's adverse credibility findings were based on immaterial, microscopic inconsistencies and stereotypes, the RPD failed to meaningfully apply the SOGIE Guideline, the appellants' sworn evidence and corroborating new evidence (marriage certificate and support letters) established on a balance of probabilities that they are gay and at risk in Ghana, and objective evidence showed lack of state protection and no viable internal flight alternative.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed and RPD decision set aside; substituted decision that the appellants are Convention refugees
  • New evidence (marriage certificate and support letters) accepted and considered