2020 RLLR 155

2020 RLLR 155

The principal claimant is a Convention refugee because she, as a mother and woman (a particular social group), credibly established a real and forward‑looking risk of persecution by influential in‑laws and community due to her child's diagnosed disability, and state protection and internal flight alternatives in Nigeria are inadequate or unreasonable given the in‑laws' influence and societal beliefs linking disability to witchcraft.

Citation
2020 RLLR 155
Parties
Principal Claimant: XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 December 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Decision by Refugee Protection Division (final Decision)
Outcome
Principal claimant's refugee claim allowed (found to be a Convention refugee); minor claimant's claim denied (not a Convention refugee nor person in need of protection).
Legal Topics
Convention Refugee, Person in Need of Protection, Particular Social Group, Gender Based Persecution, Sur Place Claim, Internal Flight Alternative, State Protection
Source Language
English
Immigration and Refugee Protection Refugee Law Asylum Human Rights Convention Refugee Person in Need of Protection Particular Social Group Gender Based Persecution +3 more

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Oral Decision by Refugee Protection Division (final Decision)

Legal Issues

  1. 1 Whether the minor claimant is a Convention refugee or person in need of protection
  2. 2 Whether the principal claimant qualifies as a Convention refugee as a member of a particular social group (mother of a child with a disability and as a woman)
  3. 3 Whether there is adequate state protection in Nigeria

Ratio Decidendi

The principal claimant is a Convention refugee because she, as a mother and woman (a particular social group), credibly established a real and forward‑looking risk of persecution by influential in‑laws and community due to her child's diagnosed disability, and state protection and internal flight alternatives in Nigeria are inadequate or unreasonable given the in‑laws' influence and societal beliefs linking disability to witchcraft.

Court Disposition

Principal claimant's refugee claim allowed (found to be a Convention refugee); minor claimant's claim denied (not a Convention refugee nor person in need of protection).

Orders

  • Grant refugee protection to the principal claimant as a Convention refugee
  • Deny the minor claimant's claim for Convention refugee status and for protection