2020 RLLR 161

2020 RLLR 161

The principal and associate claimants and their minor children (except the U.S.-citizen minor) are Convention refugees because they established a well-founded fear of persecution based on religion (principal) and membership of a particular social group (family members); Nigerian authorities cannot provide adequate protection and there is no viable internal flight alternative. The U.S.-citizen minor's claim fails because no allegations of persecution in the United States were made.

Citation
2020 RLLR 161
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: Associate claimant; Minor Claimants: Minor claimants; Minor Claimant (u.s. Citizen): XXXX (U.S. citizen minor)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 December 2020
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Refugee protection granted to the principal claimant, associate claimant and minor claimants except the U.S. citizen minor whose claim is denied.
Legal Topics
Convention Refugee, Person in Need of Protection, State Protection, Internal Flight Alternative, Credibility, Religion as Convention Ground, Particular Social Group
Source Language
English
Immigration Law Refugee Protection International Human Rights Administrative Law Convention Refugee Person in Need of Protection State Protection Internal Flight Alternative +3 more

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Parties

XXXX XXXX XXXX

Principal Claimant

Associate claimant

Associate Claimant

Minor claimants

Minor Claimants

XXXX (U.S. citizen minor)

Minor Claimant (u.s. Citizen)

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether state protection in Nigeria is available
  3. 3 Whether internal flight alternative exists

Ratio Decidendi

The principal and associate claimants and their minor children (except the U.S.-citizen minor) are Convention refugees because they established a well-founded fear of persecution based on religion (principal) and membership of a particular social group (family members); Nigerian authorities cannot provide adequate protection and there is no viable internal flight alternative. The U.S.-citizen minor's claim fails because no allegations of persecution in the United States were made.

Court Disposition

Refugee protection granted to the principal claimant, associate claimant and minor claimants except the U.S. citizen minor whose claim is denied.

Orders

  • Claims of the principal claimant, associate claimant and minor claimants (except the U.S. citizen minor) accepted as Convention refugees under s.96 IRPA
  • Claim of the U.S. citizen minor denied (not a Convention refugee nor person in need of protection)