2021 RLLR 45

2021 RLLR 45

The claimant's credible and corroborated testimony that he is bisexual, together with country evidence showing criminalization of same‑sex relations, a climate of impunity and lack of effective state protection, establishes on the balance of probabilities that he is a Convention refugee and cannot safely relocate within Nigeria.

Citation
2021 RLLR 45
Parties
Claimant: XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 August 2021
Procedural Posture
Convention Refugee Claim / Decision (rpd)
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act
Legal Topics
Persecution Based on Sexual Orientation, State Protection, Internal Flight Alternative, Convention Refugee Determination, Credibility and Corroboration
Source Language
English
Immigration and Refugee Law Human Rights LGBTQ Rights Persecution Based on Sexual Orientation State Protection Internal Flight Alternative Convention Refugee Determination Credibility and Corroboration

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant

Procedural Posture

Convention Refugee Claim / Decision (rpd)

Legal Issues

  1. 1 Whether the claimant is a bisexual man and credible
  2. 2 Whether the claimant would face persecution on return to Nigeria because of sexual orientation
  3. 3 Whether the state would provide protection

Ratio Decidendi

The claimant's credible and corroborated testimony that he is bisexual, together with country evidence showing criminalization of same‑sex relations, a climate of impunity and lack of effective state protection, establishes on the balance of probabilities that he is a Convention refugee and cannot safely relocate within Nigeria.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted and protection granted pursuant to Section 96 IRPA
  • Transcript to be provided to the claimant and may be edited for grammar and references