2023 RLLR 203

2023 RLLR 203

The claimant was found credible and established membership in a particular social group (lesbian); credible country documentation shows criminalization of same-sex relations, pervasive homophobic violence and lack of state protection nationwide, and therefore no viable internal flight alternative exists; on that...

Source-derived case information.

Citation
2023 RLLR 203
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 December 2023
Procedural Posture
Refugee Protection Claim / Refugee Protection Division Decision (merits)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Credibility, SOGIESC
Source Language
english
Immigration Refugee Law Human Rights LGBTQ Rights Convention Refugee Membership of a Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Refugee Protection Division Decision (merits)

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on sexual orientation
  2. 2 Credibility of claimant's testimony
  3. 3 Availability of state protection in Nigeria

Ratio Decidendi

The claimant was found credible and established membership in a particular social group (lesbian); credible country documentation shows criminalization of same-sex relations, pervasive homophobic violence and lack of state protection nationwide, and therefore no viable internal flight alternative exists; on that basis the claimant has a well-founded fear of persecution and is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted and refugee protection granted