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
2 court collections
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 MB9-25582

MB9-25582

Court
Refugee Appeal Division

The RPD erred in finding a viable IFA; given the appellants' credible evidence of targeted, family-based threats over disputed ancestral land, inadequate police protection, evidence of murders of relatives, and the impact of indigeneity and security conditions on relocation, both appellants are persons in need of protection under section 97 of IRPA and the RPD decision is reversed pursuant to paragraph 111(1)(b) of IRPA.

Source excerpt

  • Internal flight alternative
  • State protection
  • Persecution
  • Family violence
  • Indigeneity
  • Witchcraft allegations
Read case analysis
Immigration MB9-06243

MB9-06243

Court
Refugee Appeal Division

RAD confirmed the RPD: appellants were not credible; the proffered documents were either not new, not reasonably available, or not relevant under s.110(4) IRPA; no new admissible evidence justified an oral hearing under s.110(6); therefore appellants are neither Convention refugees nor persons in need of protection under ss.96‑97 IRPA.

Source excerpt

  • Credibility assessment
  • Admissibility of new evidence
  • Oral hearing under s.110(6) irpa
  • Gender-related persecution
  • Witchcraft allegations
  • Standard of review
Read case analysis
Immigration law MB7-02551

MB7-02551

Court
Refugee Protection Division

The panel rejected the claim because the claimant's testimony contained material inconsistencies and omissions undermining credibility; the alleged persecutory incidents were remote, isolated or unsupported by objective evidence and there was no proof of ongoing targeting or state inability/unwillingness to protect. Generalized country conditions did not establish an individualized, substantial risk of persecution or the thresholds under s.97(1).

Source excerpt

  • Convention refugee
  • Risk of torture and cruel treatment
  • Credibility assessment
  • Gender-based violence/rape
  • Witchcraft allegations
  • State protection
Read case analysis
Immigration law TB7-18171

TB7-18171

Court
Refugee Appeal Division

The RAD confirmed the RPD decision: most proposed new evidence either predated the RPD decision or, although some affidavits post‑dated the RPD, the new allegations were not credible on balance of probabilities; the Appellant failed to rebut the RPD finding that viable internal flight alternatives exist (Abuja and Ibadan) given lack of subjective fear, inconsistencies, and objective country documentation including state protection measures, therefore there is no serious possibility of persecution and relocation would not be unreasonable; appeal dismissed under s.111(1)(a) IRPA.

Source excerpt

  • Internal flight alternative
  • Credibility assessment
  • Admissibility of new evidence
  • Female genital mutilation (fgm)
  • Witchcraft allegations
Read case analysis
Immigration MB7-00637

MB7-00637

Court
Refugee Appeal Division

The RAD found the RPD erred in its credibility assessment by failing to account for psychological evidence (including PTSD-related testimony impairments), failing to assess corroborative letters and objective country information, and by relying on absence of medical evidence that was not yet available; on the balance of probabilities the appellant is credible, faces persecution in Cameroon as an accused witch, cannot obtain state protection or an internal flight alternative, and is therefore a Convention refugee.

Source excerpt

  • Credibility assessment
  • New evidence admissibility
  • State protection
  • Internal flight alternative
  • Psychological evidence
  • Witchcraft allegations
Read case analysis
Immigration law TB1-03842

TB1-03842

Court
Refugee Protection Division

On the evidence, including comprehensive documentary material about Namibian legal protections (constitutional guarantees, Married Persons Equality Act, Combating of Domestic Violence Act, WCPU and Legal Assistance Center) and the claimants' testimony (lack of corroboration and material omissions by the male claimant), the panel concluded the presumption of state protection was not rebutted and there was no serious possibility of persecution or a risk of cruel and unusual treatment if return to Namibia were required; therefore claims under s.96 and s.97(1) IRPA were rejected.

Source excerpt

  • Asylum claim
  • State protection
  • Domestic violence
  • Forced/arranged marriage
  • Customary law and inheritance
  • Credibility assessment
Read case analysis
Immigration law MB1-01906

MB1-01906

Court
Refugee Protection Division

The claims are rejected because the principal claimant's key allegations lacked credible documentary and testimonial support and failed to establish an objectively well‑founded fear for the son; the inheritance dispute is a private family/criminal matter without nexus to s.96; alternatively the claimants failed to rebut the presumption of adequate state protection in democratic Namibia by clear and convincing evidence and did not exhaust available state remedies, therefore no refugee protection or need of protection exists.

Source excerpt

  • Particular social group
  • State protection
  • Credibility
  • Persecution by family members
  • Witchcraft allegations
  • Best interests of the child
Read case analysis
Immigration law TA8-05581

TA8-05581

Court
Refugee Protection Division

The claim was denied because the panel found, on a balance of probabilities, that the claimant was not credibly shown to have been accused of witchcraft (no serious possibility of persecution on that basis) and, although domestic abuse was accepted, the panel found a reasonable internal flight alternative existed in Lagos, Port Harcourt or Abuja making protection under ss.96 and 97(1) unavailable.

Source excerpt

  • Internal flight alternative
  • Gender-related persecution
  • Witchcraft allegations
  • Domestic violence
  • Credibility assessment
  • Particular social group
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.