VC0-00909

VC0-00909

The panel allowed the appeals for the Principal Appellant and the female Associate Appellant because, on a fresh review of the record, the Principal Appellant's bisexuality was accepted on the balance of probabilities and the FGM risk to the minor was credible. The RPD erred by extending an adverse credibility inference from late disclosure of sexual orientation to unrelated FGM allegations and by improperly requiring documentary corroboration and relying on an IFA finding for Lagos that did not account for the appellants' circumstances; therefore the RAD set aside the RPD decision and substituted findings that the Principal Appellant and female Associate Appellant are Convention...

Citation
VC0-00909
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX; Female Associate Appellant: XXXX XXXX XXXX XXXX XXXX; Male Associate Appellant: XXXX XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal Decision (reasons for Decision)
Outcome
Appeal allowed in part: Principal Appellant and female Associate Appellant found to be Convention refugees; male Associate Appellant appeal rejected.
Legal Topics
Sexual Orientation Persecution, Female Genital Mutilation (fgm), Credibility Findings, Internal Flight Alternative (ifa), Exclusion (articles 1 F(b) and 1 F(c)), SOGIE and Gender Related Claims
Source Language
English
Immigration and Refugee Protection Refugee Law Administrative Law Human Rights Sexual Orientation Persecution Female Genital Mutilation (fgm) Credibility Findings Internal Flight Alternative (ifa) +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Female Associate Appellant

XXXX XXXX XXXX XXXX XXXX

Male Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD reasonably discredited the Principal Appellant for late disclosure of sexual orientation and whether that adverse credibility could permissibly extend to unrelated FGM allegations
  2. 2 Whether there was a serious risk that the female minor would be subjected to FGM by the father's family
  3. 3 Whether state protection or an internal flight alternative was available in Nigeria (including Lagos)

Ratio Decidendi

The panel allowed the appeals for the Principal Appellant and the female Associate Appellant because, on a fresh review of the record, the Principal Appellant's bisexuality was accepted on the balance of probabilities and the FGM risk to the minor was credible. The RPD erred by extending an adverse credibility inference from late disclosure of sexual orientation to unrelated FGM allegations and by improperly requiring documentary corroboration and relying on an IFA finding for Lagos that did not account for the appellants' circumstances; therefore the RAD set aside the RPD decision and substituted findings that the Principal Appellant and female Associate Appellant are Convention...

Court Disposition

Appeal allowed in part: Principal Appellant and female Associate Appellant found to be Convention refugees; male Associate Appellant appeal rejected.

Orders

  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act the Refugee Appeal Division sets aside the RPD determination and substitutes its determination that the Principal Appellant and the female Associate Appellant are Convention refugees.
  • Pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act the Refugee Appeal Division confirms the RPD's determination that the male Associate Appellant is neither a Convention refugee nor a person in need of protection.