MB9-24592

MB9-24592

The RAD found on the balance of probabilities that the Associate Appellant is bisexual and that, given Nigeria's legal and social context, she would face persecution and cannot obtain state protection or safely internally relocate; the RPD erred by imposing stereotypical expectations on how relationships are described and by overemphasizing minor inconsistencies; accordingly the RAD set aside the RPD decision and found the Associate Appellant to be a Convention refugee, while dismissing the Principal and Minor Appellants' claims for lack of independent nexus and objective risk.

Citation
MB9-24592
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Associate Appellant allowed; Principal Appellant and Minor Appellant dismissed; partial substitution of RPD decision
Legal Topics
Sexual Orientation and SOGIE, Credibility Assessment, Particular Social Group, State Protection, Internal Flight Alternative, Derivative Claims, Gender Related Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Law Sexual Orientation and SOGIE Credibility Assessment Particular Social Group State Protection Internal Flight Alternative +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 13 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the Associate Appellant is bisexual on the balance of probabilities
  2. 2 Whether the Associate Appellant is a Convention refugee under s.96 IRPA or a person in need of protection under s.97 IRPA
  3. 3 Whether the Refugee Protection Division erred in its credibility findings and application of SOGIE and gender Guidelines

Ratio Decidendi

The RAD found on the balance of probabilities that the Associate Appellant is bisexual and that, given Nigeria's legal and social context, she would face persecution and cannot obtain state protection or safely internally relocate; the RPD erred by imposing stereotypical expectations on how relationships are described and by overemphasizing minor inconsistencies; accordingly the RAD set aside the RPD decision and found the Associate Appellant to be a Convention refugee, while dismissing the Principal and Minor Appellants' claims for lack of independent nexus and objective risk.

Court Disposition

Associate Appellant allowed; Principal Appellant and Minor Appellant dismissed; partial substitution of RPD decision

Orders

  • Pursuant to paragraph 111(1)(b) of the IRPA, set aside the RPD determination concerning the Associate Appellant (MB9-24593) and substitute a determination that the Associate Appellant is a Convention refugee.
  • Pursuant to paragraph 111(1)(a) of the IRPA, confirm the RPD determination concerning the Principal Appellant and the Minor Appellant (MB9-24592 and MB9-24594) and dismiss those appeals.