MB8-00387

MB8-00387

The RAD found the RPD erred in concluding an internal flight alternative existed in Abuja; given the credible finding that the principal appellant is homosexual, the documented country conditions and lack of effective state protection, Abuja is not a viable or reasonable IFA, so the principal appellant has a well‑founded fear of persecution and is a Convention refugee under section 96 IRPA; the spouse and minor son derive refugee status.

Citation
MB8-00387
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Spouse/appellant: XXXX XXXX XXXX XXXX; Minor Son/appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 May 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Determination
Outcome
Appeal allowed; RPD decision set aside; appellants recognized as Convention refugees under section 96 of the IRPA
Legal Topics
Internal Flight Alternative, Sexual Orientation, Persecution, State Protection, Credibility Assessment, Derivative Family Claims
Source Language
English
Immigration Law Refugee Law Human Rights Law Administrative Law Internal Flight Alternative Sexual Orientation Persecution State Protection +2 more

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Spouse/appellant

XXXX XXXX XXXX XXXX

Minor Son/appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Substitution of RPD Determination

Legal Issues

  1. 1 Whether an internal flight alternative (IFA) to Abuja is viable and reasonable for the principal appellant
  2. 2 Whether state protection in Nigeria is available and effective for sexual minorities
  3. 3 Whether the principal appellant's statements about future behaviour negate his sexual orientation for refugee law purposes

Ratio Decidendi

The RAD found the RPD erred in concluding an internal flight alternative existed in Abuja; given the credible finding that the principal appellant is homosexual, the documented country conditions and lack of effective state protection, Abuja is not a viable or reasonable IFA, so the principal appellant has a well‑founded fear of persecution and is a Convention refugee under section 96 IRPA; the spouse and minor son derive refugee status.

Court Disposition

Appeal allowed; RPD decision set aside; appellants recognized as Convention refugees under section 96 of the IRPA

Orders

  • Set aside the RPD determination.
  • Declare XXXX XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX to be Convention refugees under section 96 of the Immigration and Refugee Protection Act.