Aby Diagne

The applicant, a citizen of Nigeria, sought judicial review of a decision by the Refugee Appeal Division (RAD) confirming the rejection of his refugee claim based on feared persecution due to his bisexuality.

The RAD found the applicant's testimony regarding past relationships and alleged disclosures of his sexuality not credible, citing vagueness and inconsistencies.

The Federal Court applied the reasonableness standard and upheld the RAD's decision, finding no reviewable error in its credibility assessments or its reliance on unchallenged findings by the Refugee Protection Division.

The applicants, a mother and her two children from Nigeria, sought refugee protection based on fear of her first husband.

The Refugee Protection Division (RPD) and the Refugee Appeal Division (RAD) found they had a viable Internal Flight Alternative (IFA) in Port Harcourt.

The Federal Court held the RAD's decision was unreasonable because it failed to address documentary evidence regarding severe unemployment difficulties in Port Harcourt, especially for women, and ignored psychological reports concerning the principal applicant's post-traumatic stress disorder and how it would affect her ability to seek employment and relocate.

The application for judicial review was allowed and the matter remitted for reconsideration.