VA7-02451

VA7-02451

The panel found the claimant to be a Convention refugee because she established a well-founded fear of persecution tied to membership in a particular social group (victim of domestic violence and widow), demonstrated a nexus to that ground, showed state protection was not reasonably available in Nigeria, and that internal relocation would be unduly harsh given her circumstances; therefore her claim under section 96 succeeds.

Citation
VA7-02451
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 October 2009
Procedural Posture
Refugee Protection (convention Refugee Claim) / Hearing and Decision (merits)
Outcome
Claimant found to be a Convention refugee; claim allowed
Legal Topics
Convention Refugee, Particular Social Group, Gender Based Persecution, State Protection, Internal Flight Alternative, Credibility, Levirate Marriage, Domestic Violence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Particular Social Group Gender Based Persecution State Protection Internal Flight Alternative +3 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (convention Refugee Claim) / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether there is nexus between persecution and membership in a particular social group
  3. 3 Availability and reasonableness of state protection

Ratio Decidendi

The panel found the claimant to be a Convention refugee because she established a well-founded fear of persecution tied to membership in a particular social group (victim of domestic violence and widow), demonstrated a nexus to that ground, showed state protection was not reasonably available in Nigeria, and that internal relocation would be unduly harsh given her circumstances; therefore her claim under section 96 succeeds.

Court Disposition

Claimant found to be a Convention refugee; claim allowed

Orders

  • Claimant certified as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.