TB9-35367

TB9-35367

The RPD erred by failing to consider the risk arising from a publicly accessible newspaper article that imputes the Principal Appellant's sexual orientation; because the article is readily discoverable online and the NDP shows imputed sexual minorities face a serious possibility of persecution in Nigeria and lack adequate state protection or viable internal flight alternatives, the Tribunal substituted its decision and found the Appellants are Convention refugees.

Citation
TB9-35367
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 October 2020
Procedural Posture
Refugee Appeal — Convention Refugee Determination / Decision on Appeal (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Sur Place, Imputed Sexual Orientation, Credibility Assessment, State Protection, Internal Flight Alternative, SOGIE Guideline
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Sur Place Imputed Sexual Orientation Credibility Assessment State Protection +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal — Convention Refugee Determination / Decision on Appeal (substitution)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment leading to rejection of the claim
  2. 2 Whether a sur place claim is established based on an online newspaper article imputing sexual orientation
  3. 3 Whether the publicly available article is likely to come to the attention of third parties or state actors and gives rise to a serious possibility of persecution

Ratio Decidendi

The RPD erred by failing to consider the risk arising from a publicly accessible newspaper article that imputes the Principal Appellant's sexual orientation; because the article is readily discoverable online and the NDP shows imputed sexual minorities face a serious possibility of persecution in Nigeria and lack adequate state protection or viable internal flight alternatives, the Tribunal substituted its decision and found the Appellants are Convention refugees.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed and Tribunal substitutes its own decision that the Appellants are Convention refugees