2020 RLLR 108

2020 RLLR 108

Member accepted the principal claimant's bisexual identity and the minor's status as her family member; objective evidence that same‑sex relations are criminalized in Nigeria, combined with documented societal and police hostility and a realistic fear of persecution and lack of state protection, together with no viable internal flight alternative, establish that both claimants are Convention refugees under Section 96 IRPA.

Citation
2020 RLLR 108
Parties
Claimant: Principal claimant [XXX]; Minor Claimant: Minor claimant [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 February 2020
Procedural Posture
Refugee Protection Claim / Decision at Refugee Protection Division (hearing Concluded)
Outcome
Claims accepted; both claimants found to be Convention refugees
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, Internal Flight Alternative, State Protection, Child Claimant, Credibility Assessment
Source Language
English
Immigration and Refugee Protection Refugee Law Human Rights Law LGBT Rights Convention Refugee Particular Social Group Sexual Orientation Internal Flight Alternative +3 more

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Parties

Principal claimant [XXX]

Claimant

Minor claimant [XXX]

Minor Claimant

Procedural Posture

Refugee Protection Claim / Decision at Refugee Protection Division (hearing Concluded)

Legal Issues

  1. 1 Whether the claimants meet the definition of Convention refugee under Section 96 IRPA
  2. 2 Whether bisexuality constitutes membership in a particular social group
  3. 3 Whether the minor claimant faces persecution as a family member of a bisexual parent

Ratio Decidendi

Member accepted the principal claimant's bisexual identity and the minor's status as her family member; objective evidence that same‑sex relations are criminalized in Nigeria, combined with documented societal and police hostility and a realistic fear of persecution and lack of state protection, together with no viable internal flight alternative, establish that both claimants are Convention refugees under Section 96 IRPA.

Court Disposition

Claims accepted; both claimants found to be Convention refugees

Orders

  • Both claimants granted Convention refugee protection under Section 96 of the Immigration and Refugee Protection Act
  • Decision recorded under RPD file numbers TB9-16707 (principal) and TB9-16771 (associated)