2023 RLLR 193

2023 RLLR 193

On the evidence the minor claimant's rare medical condition constitutes membership in a particular social group and exposes both the minor and her mother to a serious possibility of persecution in Nigeria; the panel found the fear both subjectively and objectively well-founded, state protection was effectively...

Source-derived case information.

Citation
2023 RLLR 193
Parties
Principal Claimant (mother): XXXX XXXX XXXX XXXX; Minor Claimant (daughter): XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 December 2023
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claims accepted; both claimants found to be Convention refugees pursuant to section 96 of the IRPA.
Legal Topics
Convention Refugee, Membership in a Particular Social Group, Disability, Medical Condition, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
english
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Membership in a Particular Social Group Disability Medical Condition +3 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX

Principal Claimant (mother)

XXXX XXXX XXXX

Minor Claimant (daughter)

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 of the IRPA
  2. 2 Whether the minor's rare medical condition and the principal as her mother constitute membership in a particular social group
  3. 3 Whether the claimants' fear is both subjective and objectively well-founded

Ratio Decidendi

On the evidence the minor claimant's rare medical condition constitutes membership in a particular social group and exposes both the minor and her mother to a serious possibility of persecution in Nigeria; the panel found the fear both subjectively and objectively well-founded, state protection was effectively unavailable, no viable internal flight alternative existed, and therefore both claimants are Convention refugees under section 96 IRPA.

Court Disposition

Claims accepted; both claimants found to be Convention refugees pursuant to section 96 of the IRPA.

Orders

  • Claimants' claims for refugee protection are accepted; both claimants are recognized as Convention refugees pursuant to section 96 IRPA