2022 RLLR 111

2022 RLLR 111

The claimants are Convention refugees because the principal claimant's credible and corroborated testimony establishes a well-founded fear of persecution as a bisexual woman and her children, objective country evidence confirms criminalization of same-sex conduct and widespread societal hostility with inadequate state protection, and there is no viable internal flight alternative in Nigeria.

Citation
2022 RLLR 111
Parties
Principal Claimant: XXXX XXXX XXXX; Minor Claimants: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 May 2022
Procedural Posture
Refugee Protection Claim (irpa) / Decision (merits Determination)
Outcome
Claimants found to be Convention refugees; claims for protection accepted
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group Sexual Orientation Gender Based Persecution State Protection +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Minor Claimants

Procedural Posture

Refugee Protection Claim (irpa) / Decision (merits Determination)

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether bisexual women and their children constitute a particular social group
  3. 3 Whether the claimant's testimony is credible and sufficiently corroborated

Ratio Decidendi

The claimants are Convention refugees because the principal claimant's credible and corroborated testimony establishes a well-founded fear of persecution as a bisexual woman and her children, objective country evidence confirms criminalization of same-sex conduct and widespread societal hostility with inadequate state protection, and there is no viable internal flight alternative in Nigeria.

Court Disposition

Claimants found to be Convention refugees; claims for protection accepted

Orders

  • Claimants declared Convention refugees pursuant to section 96 of the IRPA
  • Claims for protection are accepted and the decision is allowed