TB8-12310

TB8-12310

The RAD admitted the new Ontario family court documents, gave them significant weight (including admissions by the alleged persecutor), found the appellants credible as lesbians, concluded they face a serious possibility of persecution by the identified individual and society in Georgia, determined state protection and internal flight alternative are inadequate, and therefore set aside the RPD decision and found the appellants to be Convention refugees pursuant to paragraph 111(1)(b) IRPA.

Citation
TB8-12310
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 October 2019
Procedural Posture
Refugee Appeal Under IRPA / Appeal Heard and Decided by the Refugee Appeal Division (rad)
Outcome
Appeal allowed; RAD sets aside RPD decision and finds appellants to be Convention refugees.
Legal Topics
Convention Refugee, Credibility Findings, Admission of New Evidence, State Protection, Persecution Based on Sexual Orientation, Recusal/bias
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Credibility Findings Admission of New Evidence State Protection Persecution Based on Sexual Orientation +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under IRPA / Appeal Heard and Decided by the Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether new evidence should be admitted on appeal
  2. 2 Whether an oral hearing was required under s.110(6) IRPA
  3. 3 Credibility of appellants and corroborative documents

Ratio Decidendi

The RAD admitted the new Ontario family court documents, gave them significant weight (including admissions by the alleged persecutor), found the appellants credible as lesbians, concluded they face a serious possibility of persecution by the identified individual and society in Georgia, determined state protection and internal flight alternative are inadequate, and therefore set aside the RPD decision and found the appellants to be Convention refugees pursuant to paragraph 111(1)(b) IRPA.

Court Disposition

Appeal allowed; RAD sets aside RPD decision and finds appellants to be Convention refugees.

Orders

  • RAD sets aside the Refugee Protection Division determination and, pursuant to paragraph 111(1)(b) IRPA, substitutes its own determination that the appellants are Convention refugees.
  • New evidence consisting of Ontario Superior Court family court documents relating to proceedings involving the alleged persecutor is admitted on appeal.