The applicants sought judicial review of a decision by the Refugee Protection Division (RPD) rejecting their refugee claims.
The principal applicant claimed a fear of persecution in Nigeria because her husband is bisexual.
The RPD found the applicants lacked a nexus to a Convention ground and were not credible, largely relying on a lack of country condition evidence indicating that family members of bisexual persons are targeted.
The Federal Court allowed the application for judicial review, finding the RPD's nexus analysis contrary to jurisprudence and its use of documentary evidence for implausibility findings unreasonable.
The Court also found the RPD failed to apply the second prong of the internal flight alternative test.
