2021 RLLR 76

2021 RLLR 76

Claimant's credible testimony and corroborating evidence established that she is a bisexual woman whose sexual orientation constitutes membership of a particular social group; objective country evidence shows criminalization of same-sex activity and widespread societal and state-linked persecution in Nigeria so that...

Source-derived case information.

Citation
2021 RLLR 76
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
21 December 2021
Procedural Posture
Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division
Outcome
Claim accepted; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, Credibility Assessment, State Protection, Internal Flight Alternative
Source Language
english
Immigration Law Refugee Law Human Rights Law LGBTQ Rights Convention Refugee Particular Social Group Sexual Orientation Credibility Assessment +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether claimant's bisexuality constitutes membership of a particular social group
  3. 3 Whether the claimant's fear is credible and well-founded

Ratio Decidendi

Claimant's credible testimony and corroborating evidence established that she is a bisexual woman whose sexual orientation constitutes membership of a particular social group; objective country evidence shows criminalization of same-sex activity and widespread societal and state-linked persecution in Nigeria so that state protection and internal flight alternative are not available; therefore the claimant has a well-founded fear of persecution and is a Convention refugee under section 96 of the IRPA.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; claimant determined to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act
  • Claim on behalf of claimant's son withdrawn at hearing