VB9-01368

VB9-01368

The RAD concluded that despite the RPD's adverse credibility findings about the kidnapping, the totality of consistent evidence established on a balance of probabilities that the Principal Appellant is bisexual, that the Associate Appellant is supportive, that they face a well-founded fear of persecution in Nigeria and that state protection and internal flight alternative are unavailable; accordingly the RPD decision was set aside and the appellants were found to be Convention refugees under IRPA.

Citation
VB9-01368
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 January 2021
Procedural Posture
Refugee Appeal Under IRPA / Appeal Before Refugee Appeal Division (rad) Decision Rendered
Outcome
Appeal allowed; RPD decision set aside and substituted with a determination that the Appellants are Convention refugees.
Legal Topics
Sexual Orientation and Gender Identity, Persecution, Credibility Findings, State Protection, Internal Flight Alternative, Admissibility of New Evidence
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Sexual Orientation and Gender Identity Persecution Credibility Findings State Protection +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under IRPA / Appeal Before Refugee Appeal Division (rad) Decision Rendered

Legal Issues

  1. 1 Whether the Principal Appellant is a Convention refugee on the basis of bisexual orientation and the Associate Appellant's support
  2. 2 Whether adverse credibility findings about a reported kidnapping defeat the overall SOGIE claim
  3. 3 Whether state protection and internal flight alternative are available in Nigeria

Ratio Decidendi

The RAD concluded that despite the RPD's adverse credibility findings about the kidnapping, the totality of consistent evidence established on a balance of probabilities that the Principal Appellant is bisexual, that the Associate Appellant is supportive, that they face a well-founded fear of persecution in Nigeria and that state protection and internal flight alternative are unavailable; accordingly the RPD decision was set aside and the appellants were found to be Convention refugees under IRPA.

Court Disposition

Appeal allowed; RPD decision set aside and substituted with a determination that the Appellants are Convention refugees.

Orders

  • Pursuant to paragraph 111(1)(b) IRPA set aside the determination of the RPD and substitute the RAD's determination that the Appellants are Convention refugees.