TB9-19007

TB9-19007

The RPD erred by dismissing the psychological assessment and treating the PA's failure to recall an ex-partner's last name as fatal to her claim; on balance of probabilities the PA proved she is bisexual and, because bisexuality is persecuted in Nigeria and state protection/IFA are unavailable, she faces a serious possibility of persecution. The minor male Appellant shares nexus as a family member and also faces a serious possibility of persecution. The minor female Appellant, being a U.S. citizen, was not shown to be at risk on return to the United States.

Citation
TB9-19007
Parties
Principal Appellant: XXXX XXXX; Minor Appellant (male): XXXX XXXX XXXX XXXX; Minor Appellant (female): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 January 2020
Procedural Posture
Refugee Protection Appeal (rad) / Decision (reasons)
Outcome
Appeal allowed in part; RPD determination set aside in part and substituted
Legal Topics
Sexual Orientation, Persecution, Particular Social Group, Female Genital Mutilation, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights Sexual Orientation Persecution Particular Social Group Female Genital Mutilation Internal Flight Alternative

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant (male)

XXXX XXXX XXXX XXXX

Minor Appellant (female)

Procedural Posture

Refugee Protection Appeal (rad) / Decision (reasons)

Legal Issues

  1. 1 Whether the Principal Appellant proved she is bisexual
  2. 2 Whether the Principal Appellant faces a serious possibility of persecution in Nigeria on account of her sexuality
  3. 3 Whether the minor male Appellant has nexus as a member of a particular social group and faces persecution

Ratio Decidendi

The RPD erred by dismissing the psychological assessment and treating the PA's failure to recall an ex-partner's last name as fatal to her claim; on balance of probabilities the PA proved she is bisexual and, because bisexuality is persecuted in Nigeria and state protection/IFA are unavailable, she faces a serious possibility of persecution. The minor male Appellant shares nexus as a family member and also faces a serious possibility of persecution. The minor female Appellant, being a U.S. citizen, was not shown to be at risk on return to the United States.

Court Disposition

Appeal allowed in part; RPD determination set aside in part and substituted

Orders

  • Set aside the RPD determination and substitute a determination that the Principal Appellant is a Convention refugee pursuant to IRPA
  • Set aside the RPD determination and substitute a determination that the minor male Appellant is a Convention refugee pursuant to IRPA