TB9-03507

TB9-03507

The RAD allowed the appeal, setting aside the RPD decision and finding the Appellant to be a Convention refugee because his opposition to corruption had sufficient nexus to the state (political opinion), the RPD erred in its IFA analysis and credibility inference in light of reliable post‑record medical evidence...

Source-derived case information.

Citation
TB9-03507
Parties
Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 April 2021
Procedural Posture
Refugee Appeal Under IRPA / Final Decision by Refugee Appeal Division (rad)
Outcome
Appeal allowed; RPD decision set aside; Appellant found to be a Convention refugee
Legal Topics
Nexus to Political Opinion (s.96), Credibility Assessment, Internal Flight Alternative, Admissibility of New Evidence, Medical Evidence and PTSD, State Protection, Designated Representative
Source Language
en
Immigration Law Refugee Law Administrative Law Nexus to Political Opinion (s.96) Credibility Assessment Internal Flight Alternative Admissibility of New Evidence Medical Evidence and PTSD +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Final Decision by Refugee Appeal Division (rad)

  1. 1 Whether the Appellant's opposition to corruption engages the Convention ground of political opinion (nexus to s.96)
  2. 2 Whether the RPD's adverse credibility findings were justified
  3. 3 Whether a viable internal flight alternative exists in Ibadan or Ilorin

Ratio Decidendi

The RAD allowed the appeal, setting aside the RPD decision and finding the Appellant to be a Convention refugee because his opposition to corruption had sufficient nexus to the state (political opinion), the RPD erred in its IFA analysis and credibility inference in light of reliable post‑record medical evidence showing severe brain injury and dissociation, and adequate state protection in Nigeria is absent, therefore no viable IFA exists in Ibadan or Ilorin.

Court Disposition

Appeal allowed; RPD decision set aside; Appellant found to be a Convention refugee

Orders

  • Set aside the Refugee Protection Division determination and substitute a decision that the Appellant is a Convention refugee
  • Admitted post‑perfection medical evidence under Rule 29