Canada Immigration Case-law Canada, Fida, IMMIGRATION — Person in need of protection

Judgement for this Case: Click here!

IMMIGRATION — Person in need of protection — Applicant was from Pakistan and claimed protection on basis of his sexual identity as homosexual — Refugee Protection Division (RPD) found that there was insufficient credible evidence to establish that applicant was gay man or had suffered experiences he claimed — Applicant appealed to Refugee Appeal Division (RAD) — RAD confirmed negative decision of RPD — Applicant applied for judicial review — Application dismissed — Applicable standard of review was reasonableness — RAD’s assessment that new evidence did not meet requirement of s. 110(4) of Immigration and Refugee Protection Act (Can.) was reasonable — Proving sexual identity required more than simple sworn testimony of applicant — RAD conducted its own independent analysis of evidence — It was reasonable for RAD to agree with RPD that there was insufficient credible evidence upon which to make positive determination that applicant was homosexual or had experienced events he claimed — There was no evidence to support suspicion of bias on part of RAD