RAD – BAHAMAS – GANG VIOLENCE- STATE – PROTECTION – X(Re), 2024 TC3-55236 et al (CA IRB) [unreported decision]

The principal appellant (PA) is a single mother from the Bahamas accompanied by her children. She alleges that unknown people affiliated to local gangs sought to retaliate against the PA and her family following the murder of her late partner. The appellants testified that they have been threatened repeatedly. The PA’s daughter was also shot on the street but survived.

The Refugee Protection Division (RPD) considered the murder of the PA’s late partner was established but there was insufficient credible evidence that the family has been targeted subsequently. The RPD determined the threats they faced was largely based on concerns with the supporting evidence tendered.

The appellants presented new evidence on appeal pursuant to s.110(4) of the IRPA and the Refugee Appeal Division (RAD) accepted these documents relating to deficiencies that were before the RPD. The RAD found that the RPD’s assessment of their evidence was microscopic, and the new evidence appears credible. They also found that there was inadequate state protection available to the appellants that were targeted by gang violence due to a system-wide corruption. Having found that the appellants were credible, and that state-protection would not be available to them in the Bahamas, the RAD allowed the appeal and declared the appellants as persons in need of protection.