2021 RLLR 19

2021 RLLR 19

On the evidence the claimants are credible members or perceived members of the SOGI community who, given criminalisation, pervasive social and familial violence, lack of effective state protection and no viable internal flight alternative in Lebanon and Tunisia, face a well-founded fear of persecution and therefore meet the definition of convention refugees under s.96 IRPA.

Citation
2021 RLLR 19
Parties
Principal Claimant: XXXX XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 April 2021
Procedural Posture
Refugee Claim Convention Refugee Determination / Decision on Merits Reasons for Decision (acceptance)
Outcome
Claims accepted; claimants found to be convention refugees
Legal Topics
Asylum, Refugee Status, Membership in a Particular Social Group, State Protection, Internal Flight Alternative, Credibility and Identity
Source Language
English
Immigration and Refugee Law Human Rights Sexual Orientation and Gender Identity Asylum Refugee Status Membership in a Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Claim Convention Refugee Determination / Decision on Merits Reasons for Decision (acceptance)

Legal Issues

  1. 1 Whether claimants face a well-founded fear of persecution on account of membership in a SOGI-related particular social group
  2. 2 Credibility and identity establishment
  3. 3 Country conditions in Lebanon and Tunisia including criminalisation and social persecution of SOGI people

Ratio Decidendi

On the evidence the claimants are credible members or perceived members of the SOGI community who, given criminalisation, pervasive social and familial violence, lack of effective state protection and no viable internal flight alternative in Lebanon and Tunisia, face a well-founded fear of persecution and therefore meet the definition of convention refugees under s.96 IRPA.

Court Disposition

Claims accepted; claimants found to be convention refugees

Orders

  • Accept both claims for refugee protection pursuant to ss.96 and 97(1) of the Immigration and Refugee Protection Act