2023 RLLR 168

2023 RLLR 168

The claimant is a Convention refugee because his credible evidence establishes he is bisexual, there is an objective risk of persecution in Nigeria due to criminalization and societal hostility toward same-sex relations, state protection is unavailable or ineffective, and no internal flight alternative exists anywhere in Nigeria.

Citation
2023 RLLR 168
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
29 December 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination Under S.96 Irpa) / Hearing and Decision (refugee Protection Division)
Outcome
Claimant accepted as a Convention refugee pursuant to section 96 of the IRPA.
Legal Topics
Sexual Orientation Persecution, State Protection, Internal Flight Alternative, Credibility Assessment, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBTQ Rights Sexual Orientation Persecution State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (convention Refugee Determination Under S.96 Irpa) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimant's sexual orientation establishes nexus to a Convention ground
  2. 2 Whether claimant has a well-founded fear of persecution if returned to Nigeria
  3. 3 Whether state protection in Nigeria is available and effective

Ratio Decidendi

The claimant is a Convention refugee because his credible evidence establishes he is bisexual, there is an objective risk of persecution in Nigeria due to criminalization and societal hostility toward same-sex relations, state protection is unavailable or ineffective, and no internal flight alternative exists anywhere in Nigeria.

Court Disposition

Claimant accepted as a Convention refugee pursuant to section 96 of the IRPA.