2020 RLLR 86

2020 RLLR 86

The Panel concluded that the principal claimant's bisexuality constitutes membership in a particular social group, that she, her husband (by association/knowledge) and their child face a serious possibility of persecution by state and non‑state actors in Nigeria given criminal laws (including the SSMPA and Section 214 of the Criminal Code) and pervasive societal homophobia, and that state protection and any internal flight alternative are not reasonably available; therefore the principal claimant, the associate adult claimant and the minor male claimant are Convention refugees, while the minor female claimant (US citizen) does not face risk in the USA and her claim is rejected.

Citation
2020 RLLR 86
Parties
Principal Claimant: [XXX]; Associate Adult Claimant: [XXX]; Minor Male Claimant: [XXX]; Minor Female Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
2 March 2020
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision by Refugee Protection Division
Outcome
Principal claimant, associate adult claimant and minor male claimant accepted as Convention refugees; minor female claimant rejected.
Legal Topics
Sexual Orientation, Bisexuality, Particular Social Group, State Protection, Internal Flight Alternative, SOGIE
Source Language
English
Immigration Refugee Law Human Rights Criminal Law Sexual Orientation Bisexuality Particular Social Group State Protection +2 more

Case Brief

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Parties

[XXX]

Principal Claimant

[XXX]

Associate Adult Claimant

[XXX]

Minor Male Claimant

[XXX]

Minor Female Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether sexual orientation (bisexuality) constitutes membership in a particular social group for refugee protection
  2. 2 Whether the principal claimant, her spouse and child face a well‑founded fear of persecution on a Convention ground
  3. 3 Whether state protection is available in Nigeria

Ratio Decidendi

The Panel concluded that the principal claimant's bisexuality constitutes membership in a particular social group, that she, her husband (by association/knowledge) and their child face a serious possibility of persecution by state and non‑state actors in Nigeria given criminal laws (including the SSMPA and Section 214 of the Criminal Code) and pervasive societal homophobia, and that state protection and any internal flight alternative are not reasonably available; therefore the principal claimant, the associate adult claimant and the minor male claimant are Convention refugees, while the minor female claimant (US citizen) does not face risk in the USA and her claim is rejected.

Court Disposition

Principal claimant, associate adult claimant and minor male claimant accepted as Convention refugees; minor female claimant rejected.

Orders

  • Claims of principal claimant, associate adult claimant and minor male claimant accepted under Section 96 of the IRPA
  • Claim of minor female claimant rejected