Board failed to consider applicant’s evidence independently from that of mother

JUDICIAL REVIEW

Board failed to consider applicant’s evidence independently from that of mother

Applicant was eight years old when he made claim for refugee protection. Applicant claimed he was verbally and physically assaulted in St. Lucia because his mother was lesbian. Board did not believe mother’s evidence about her sexual orientation and dismissed claim. Applicant applied for judicial review. Application granted. Board erred in its treatment of applicant’s testimony. Board discounted applicant’s testimony mainly because it doubted mother’s credibility, which was not appropriate criterion. Board failed to consider value of applicant’s evidence independently from that of mother. Board’s approach did not involve consideration of applicant’s testimony on its own terms. Board failed to address possibility that mother might be perceived to be lesbian and that applicant might suffer adverse consequences in overly homophobic country of St. Lucia. Board’s decision was unreasonable.
Corneille (Litigation guardian of) v. Canada (Minister of Citizenship and Immigration) (Sep. 19, 2014, F.C., James W. O’Reilly J., File No. IMM-3510-13) 245 A.C.W.S. (3d) 180.