Convention Refugee Case Study

In addition to meeting the definition of a Convention refugee, Toben also meets the four criteria for determining whether or not someone is a Convention refugee. First, Toben is alienage. An alienage is someone who has been denied protection by their home country and is now unwilling to return. Toben had left Nigeria in April 2015, to come to Canada. Moreover, it has been noted that Toben was in fear of being persecuted by the Nigerian government. He has already been detained since he has joined an LGBT support group and could face further persecution. Nigeria’s homophobia is widespread and there are limited areas that would offer Toben protection. However, Toben will have to prove that he is a citizen of Nigeria and he may have difficulty meeting this requirement since he came to
The RDP objectively, and subjectively, assess whether or not a claimant’s fear is well founded. The objective test asks if a reasonable person, in Toben’s situation, would be in fear of returning to their country of origin. The objective test takes into account the countries known human right violations. In accordance with the Nigeria’s National Documentation Package’s (NDP), homosexuality is criminalized. The NDP also indicates that “there were reports of increased threats and harassment against LGBT people.” “Sources report that LGBT people have been evicted from or "kicked out" of their homes because of their sexual orientation” (NDP). Also, the NDP has stated that LGBT people are also at threat of being abused by the police and other people in authority. An objective test would, therefore, find that Toben has a reasonable expectation of fear. The subjective test considers Toben’s own fears and state of mind. As stated before, Toben has been detained by authorities because of his sexuality and he has also been abused at his work. The fact Toben has joined an outspoken LGBT acceptance group, has also put him at