2019 RLLR 27

2019 RLLR 27

The Tribunal found the claimant credible and his Nigerian identity established; objective country and police evidence show state protection would not be available and internal flight alternatives are not reasonable given his profile as a Christian pastor and the nature of the cult-related threat; therefore he is a person in need of protection under s.97 and a Convention refugee.

Citation
2019 RLLR 27
Parties
Claimant: Principal claimant (male); Claimants Minors (represented): Four minor children; Claimant (spouse): Female claimant (wife, deacon)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 October 2019
Procedural Posture
Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim accepted; claimant and dependants found to be Convention refugees and persons in need of protection
Legal Topics
Convention Refugee, Section 97 IRPA, State Protection, Internal Flight Alternative, Credibility and Identity
Source Language
English
Immigration Law Refugee Protection Administrative Law Convention Refugee Section 97 IRPA State Protection Internal Flight Alternative Credibility and Identity

Case Brief

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Parties

Principal claimant (male)

Claimant

Four minor children

Claimants Minors (represented)

Female claimant (wife, deacon)

Claimant (spouse)

Procedural Posture

Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under s.97 IRPA
  3. 3 Whether adequate state protection is available in Nigeria

Ratio Decidendi

The Tribunal found the claimant credible and his Nigerian identity established; objective country and police evidence show state protection would not be available and internal flight alternatives are not reasonable given his profile as a Christian pastor and the nature of the cult-related threat; therefore he is a person in need of protection under s.97 and a Convention refugee.

Court Disposition

Claim accepted; claimant and dependants found to be Convention refugees and persons in need of protection

Orders

  • Claim accepted; claimants granted refugee protection status as Convention refugees and persons in need of protection
  • No viable internal flight alternative found; adequate state protection unavailable