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La Cour fédérale rejette le contrôle judiciaire d’une décision de la SAR confirmant le refus d’asile, jugeant raisonnables les conclusions défavorables à la crédibilité du demandeur.
La Cour fédérale accueille le contrôle judiciaire, jugeant déraisonnable la décision de la SAR sur la demande d’asile fondée sur l’orientation sexuelle.
The Federal Court granted judicial review, finding the RAD unreasonably treated the applicant’s bisexuality disclosure as an adverse credibility issue and remitted the matter.
The Tribunal dismissed Telus’s motion to dismiss, finding the settlement did not clearly resolve the workplace discrimination allegations and delay had not been shown to make a hearing unfair.
The appeal is dismissed because the appellant failed to establish credibility, the proffered new evidence was not shown to arise after the RPD decision or to have been unavailable at the time, and remaining corroboration is insufficient on a balance of probabilities to establish that he is a Convention refugee or person in need of protection.
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The Appellant's core testimony that he is gay and was assaulted leading to flight from Nigeria is credible on the balance of probabilities; same‑sex activity is criminalized in Nigeria, there is inadequate state protection and no viable internal flight alternative, therefore the Appellant is a Convention refugee and the RAD substitutes a decision granting refugee status.
Source excerpt
The RPD erred: on balance of probabilities the Appellant would face a real risk of persecution in the proposed IFA because agents (father and RSS-linked persons) are motivated and have means to find her, and there is no adequate state protection; therefore the IFA is not viable and the Appellant is a Convention refugee.
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The Federal Court dismissed judicial review of an RPD decision finding a viable internal flight alternative in Colombia for a bisexual claimant.
The claimant was found credible and established on a balance of probabilities that she is a lesbian woman with a history of family and community hostility; objective country evidence corroborated a real risk to LGBTQ+ persons in Rwanda and demonstrated inadequate state protection and no viable internal flight alternative; therefore the claimant meets the definition of a Convention refugee under IRPA ss.96 and 97(1).
Source excerpt
Claimant was found credible and established membership of a particular social group (lesbian woman); objective country evidence and statutory criminalization of same-sex relations in Ghana demonstrate a real risk of persecution, state protection was rebutted and no internal flight alternative exists; therefore claimant meets the definition of a Convention refugee under section 96 IRPA.
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