TC0-09177

TC0-09177

The RPD erred in finding state protection and a reasonable internal flight alternative because objective country documentation and the appellants' personal circumstances (bisexual sexual orientation, documented ongoing relationship, severe mental health needs including autism and lack of adequate mental health services in Nigeria) show a serious possibility of persecution and that relocation anywhere in Nigeria would be unduly harsh; therefore the Appellants are Convention refugees and the RAD substitutes a decision granting refugee status.

Citation
TC0-09177
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution)
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
State Protection, Internal Flight Alternative, Sexual Orientation and Gender Identity, Female Genital Mutilation, Mental Health, Credibility Assessment
Source Language
English
Immigration and Refugee Law Human Rights Administrative Law State Protection Internal Flight Alternative Sexual Orientation and Gender Identity Female Genital Mutilation Mental Health +1 more

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Parties

XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (substitution)

Legal Issues

  1. 1 Whether the RPD erred in finding adequate state protection in Nigeria
  2. 2 Whether the RPD erred in finding a safe and reasonable internal flight alternative (Abuja)
  3. 3 Whether the Appellants have a well‑founded fear of persecution based on family, gender and sexual orientation and on disability/mental health

Ratio Decidendi

The RPD erred in finding state protection and a reasonable internal flight alternative because objective country documentation and the appellants' personal circumstances (bisexual sexual orientation, documented ongoing relationship, severe mental health needs including autism and lack of adequate mental health services in Nigeria) show a serious possibility of persecution and that relocation anywhere in Nigeria would be unduly harsh; therefore the Appellants are Convention refugees and the RAD substitutes a decision granting refugee status.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • New evidence (affidavit of same‑sex partner) accepted as new, credible and relevant
  • Request for oral hearing refused