Esheria Canada Case Law
Sign in
Canada Source-linked decisions Coverage checked

Canada Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
1 court collection
Last checked

Search and filter Canada case law

Results update automatically as you type.

Canada decisions

Decisions matching the current search

Clear filters
Immigration law MC2-21884

MC2-21884

Court
Refugee Appeal Division

The RPD failed to apply the Chairperson's Guideline 4 on Gender Considerations when assessing the appellant's credibility and profile; that failure materially tainted the credibility finding regarding post-2015 harassment and left inadequate consideration of state protection and internal flight alternative, warranting setting aside the decision and referring the claim back to a differently constituted RPD panel for redetermination.

Source excerpt

  • Credibility assessment
  • Gender guideline application
  • Remittal for redetermination
  • State protection
  • Internal flight alternative
Read case analysis
Immigration VC2-02686

VC2-02686

Court
Refugee Appeal Division

Although the RAD found the RPD erred by not applying the Gender Guideline, that error was not determinative because the RPD's central findings—that the PA's testimony contained unexplained inconsistencies, that evidence about M's means and motivation to locate the appellants was speculative, and that viable, not unduly harsh IFAs existed in Delhi, Mumbai and Bengaluru—are supported on a balance of probabilities; therefore the appellants fail to discharge the burden to show no viable IFA and the appeal is dismissed.

Source excerpt

  • Internal flight alternative
  • Credibility assessment
  • Gender guideline application
  • Psychological evidence
  • Procedural fairness
  • Coparcenary property
Read case analysis
Immigration law MC0-11253

MC0-11253

Court
Refugee Appeal Division

The appeal is dismissed because the RPD's adverse credibility findings are supported by material omissions, contradictions and inconsistencies in the appellants' accounts (including omission of a 2018 arrest and inconsistent arrest/membership histories), the new evidence admitted was not determinative, and objective evidence including the criminalization of FGM in Sudan and changing attitudes did not establish more than a mere possibility of recircumcision or that the principal appellant would be identified and persecuted on return; accordingly the appellants failed to prove refugee or protec…

Source excerpt

  • Credibility assessment
  • Female genital mutilation (fgm)
  • Sur place claim
  • Admissibility of new evidence (s.110(4) irpa and rule 29)
  • Gender guideline application
  • Best interests of children jurisdiction
Read case analysis
Immigration VC0-03128

VC0-03128

Court
Refugee Appeal Division

The appeal is dismissed because the Appellant failed, on a balance of probabilities, to demonstrate a serious possibility of persecution or section 97 risk in Accra and failed to provide actual and concrete evidence that relocating to Accra would be objectively unreasonable, therefore Accra is a viable IFA and the RPD decision that the Appellant is neither a Convention refugee nor a person in need of protection is confirmed.

Source excerpt

  • Internal flight alternative
  • Credibility findings
  • Burden of proof
  • Convention refugee definition
  • Gender guideline application
Read case analysis
Immigration law TB9-11331

TB9-11331

Court
Refugee Appeal Division

The RPD's adverse credibility findings were based on stereotypes and a misapplication of the IRB Gender Guideline; on an independent assessment the appellant is credible on a balance of probabilities, faces a serious possibility of persecution (forced marriage/honour killing) linked to her gender, lacks adequate state protection in Turkey, and has no viable internal flight alternative; therefore the appeal is allowed and a substitute decision that the appellant is a Convention refugee is made.

Source excerpt

  • Credibility assessment
  • Gender guideline application
  • Forced marriage
  • Honour-based violence
  • State protection
  • Internal flight alternative
Read case analysis
Immigration TB8-28853

TB8-28853

Court
Refugee Appeal Division

The appeal is dismissed because the RPD's adverse credibility findings are justified on the balance of probabilities given cumulative inconsistencies in testimony, multiple documentary anomalies indicating non‑genuineness of medical and police records, and the fact that the Gender Guideline and psychological report do not, on balance, explain or remedy these material gaps; therefore the Appellant failed to prove she is a Convention refugee or a person in need of protection.

Source excerpt

  • Female genital mutilation
  • Credibility assessment
  • Documentary evidence authenticity
  • Psychological evidence
  • Gender guideline application
Read case analysis
Immigration law MB9-07757

MB9-07757

Court
Refugee Appeal Division

Appellants failed to prove on a balance of probabilities that (a) there is a serious possibility of persecution in Lagos or Ibadan or that their community could locate and harm them there, and (b) relocation to those cities would be objectively unreasonable or unduly harsh in their circumstances; therefore viable IFAs exist and the RPD decision rejecting refugee protection is confirmed.

Source excerpt

  • Internal flight alternative (ifa)
  • Female genital mutilation (fgm)
  • Application of jurisprudential guides
  • Gender guideline application
  • Burden of proof
  • Two‑pronged rasaratnam test
Read case analysis
Immigration law TB9-18305

TB9-18305

Court
Refugee Appeal Division

On an independent assessment of the full record and assuming appellants' allegations where stated, the RAD found the Appellants failed to establish on a balance of probabilities that they would face persecution or serious risk in Port Harcourt and that relocation there would be unreasonable; therefore a viable internal flight alternative exists and the RPD decision denying refugee protection and finding no need of protection under section 97(1) IRPA is confirmed.

Source excerpt

  • Internal flight alternative
  • Credibility assessment
  • Gender guideline application
  • Risk assessment under section 97(1)
  • New evidence admissibility
Read case analysis
Immigration law TB9-22063

TB9-22063

Court
Refugee Appeal Division

On a standard of correctness and independent review, the RAD found appellants failed to prove, on a balance of probabilities, that there is a serious possibility of persecution in Port Harcourt, Ibadan, Abuja or Benin City and failed to show relocation would be unduly harsh; new evidence comprised of the psychological report was admissible but did not alter the outcome; appeal dismissed and RPD decision confirming no refugee protection upheld.

Source excerpt

  • Internal flight alternative (ifa)
  • Admissibility of new evidence (s.110(4) irpa)
  • Female genital mutilation (fgm)
  • Gender guideline application
  • Psychological evidence credibility
Read case analysis
Immigration law MB9-01033

MB9-01033

Court
Refugee Appeal Division

The RAD dismissed the appeal because uncontested material omissions and contradictions in the Appellants' evidence, together with conduct inconsistent with the alleged risk (delay in fleeing, travel to UK, and failure to seek asylum in the US), sufficiently undermined credibility so that the Appellants failed to demonstrate a serious possibility of persecution or that they are persons in need of protection.

Source excerpt

  • Credibility findings
  • Female genital mutilation/child circumcision
  • Delay in seeking protection
  • Failure to claim asylum in first safe country
  • Relocation
  • Gender guideline application
Read case analysis

About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.