2019 RLLR 9

2019 RLLR 9

The principal claimant is a Convention refugee because she established membership in a particular social group (bisexual woman) and a well‑founded fear of persecution in Nigeria; the adult spouse and each minor are Convention refugees because they established a sufficient nexus to the principal claimant and face serious possibility of persecution; state protection and internal flight alternatives were found unavailable in the claimants' circumstances, and the minors face additional risk from ritual practices.

Citation
2019 RLLR 9
Parties
Principal Claimant: [XXX]; Adult Male Claimant: [XXX]1; Eldest Minor Claimant: [XXX]2; Youngest Minor Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 November 2019
Procedural Posture
Refugee Protection Claim / Reasons and Decision
Outcome
All four claims accepted; four claimants determined to be Convention refugees
Legal Topics
Convention Refugee, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Child Protection and Ritual Practices, Sexual Orientation Persecution
Source Language
English
Immigration Refugee Law Human Rights LGBTIQ Rights Convention Refugee Membership of a Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Principal Claimant

[XXX]1

Adult Male Claimant

[XXX]2

Eldest Minor Claimant

[XXX]

Youngest Minor Claimant

Procedural Posture

Refugee Protection Claim / Reasons and Decision

Legal Issues

  1. 1 Whether the principal claimant qualifies as a Convention refugee based on sexual orientation
  2. 2 Whether family members of the principal claimant have nexus to a Convention ground and qualify as Convention refugees
  3. 3 Whether state protection is available in Nigeria to the claimants

Ratio Decidendi

The principal claimant is a Convention refugee because she established membership in a particular social group (bisexual woman) and a well‑founded fear of persecution in Nigeria; the adult spouse and each minor are Convention refugees because they established a sufficient nexus to the principal claimant and face serious possibility of persecution; state protection and internal flight alternatives were found unavailable in the claimants' circumstances, and the minors face additional risk from ritual practices.

Court Disposition

All four claims accepted; four claimants determined to be Convention refugees

Orders

  • Principal claimant, adult male claimant, eldest minor claimant and youngest minor claimant are Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act