TC0-09467

TC0-09467

The Female Appellant is a Convention refugee as a member of a particular social group (family member of a person with diverse SOGIE) because documentary country evidence together with the record establish a well-founded fear of persecution from family, community and state actors in Nigeria and state protection and internal relocation are not available; the Minor Appellant's appeal is dismissed because no credible evidence established a serious possibility of persecution or probability of harm in the United States.

Citation
TC0-09467
Parties
Female Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 April 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal allowed in part: Female Appellant found to be a Convention refugee; Minor Appellant appeal dismissed.
Legal Topics
Convention Refugee Status, State Protection, Internal Flight Alternative, Sexual Orientation and Gender Identity, Gender Based Persecution, Child Claimant Issues, Admissibility of New Evidence
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Status State Protection Internal Flight Alternative Sexual Orientation and Gender Identity Gender Based Persecution +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred by failing to assess risk to the Female Appellant arising from her relationship with her husband of diverse SOGIE
  2. 2 Whether there is nexus to a Convention ground given traditional beliefs in Nigeria
  3. 3 Whether gender-based risk exists for the Female Appellant as a single woman

Ratio Decidendi

The Female Appellant is a Convention refugee as a member of a particular social group (family member of a person with diverse SOGIE) because documentary country evidence together with the record establish a well-founded fear of persecution from family, community and state actors in Nigeria and state protection and internal relocation are not available; the Minor Appellant's appeal is dismissed because no credible evidence established a serious possibility of persecution or probability of harm in the United States.

Court Disposition

Appeal allowed in part: Female Appellant found to be a Convention refugee; Minor Appellant appeal dismissed.

Orders

  • Set aside the RPD determination and substitute that the Female Appellant is a Convention refugee pursuant to s.111(1)(b) of the IRPA
  • Confirm the RPD decision that the Minor Appellant is neither a Convention refugee nor a person in need of protection