2021 RLLR 5

2021 RLLR 5

The panel accepted the claimants' testimony as credible, found they face a personalized risk to life from reprisals linked to an unpaid debt, found state protection in Nigeria to be ineffective or unavailable in the claimants' circumstances, and found no viable internal flight alternative; accordingly the claimants...

Source-derived case information.

Citation
2021 RLLR 5
Parties
Principal Claimant: XX XXXX; Adult Son Claimant: XX XXXX; Adult Daughter Claimant: XXXX XXXX; Minor Son Claimant (represented): XXXX XXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 June 2021
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision (written Reasons)
Outcome
Claim accepted; claimants found to be persons in need of protection under s.97(1)(b) of the Immigration and Refugee Protection Act
Legal Topics
Need for Protection, State Protection, Internal Flight Alternative, Credibility Assessment, Country Condition Evidence, Particular Social Group, Gender Related Persecution
Source Language
english
Immigration Refugee Law Human Rights Gender Based Violence Need for Protection State Protection Internal Flight Alternative Credibility Assessment +3 more

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Parties

XX XXXX

Principal Claimant

XX XXXX

Adult Son Claimant

XXXX XXXX

Adult Daughter Claimant

XXXX XXX

Minor Son Claimant (represented)

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision (written Reasons)

Legal Issues

  1. 1 Whether claimants are persons in need of protection under s.97(1)(b) of the Immigration and Refugee Protection Act
  2. 2 Whether there is a nexus to a Convention ground (including gender as particular social group)
  3. 3 Whether effective state protection is available in Nigeria

Ratio Decidendi

The panel accepted the claimants' testimony as credible, found they face a personalized risk to life from reprisals linked to an unpaid debt, found state protection in Nigeria to be ineffective or unavailable in the claimants' circumstances, and found no viable internal flight alternative; accordingly the claimants are persons in need of protection under s.97(1)(b) IRPA.

Court Disposition

Claim accepted; claimants found to be persons in need of protection under s.97(1)(b) of the Immigration and Refugee Protection Act