2019 RLLR 46

2019 RLLR 46

The claimant was found credible; documentary country evidence and testimony establish that homosexuals in the DRC face stigmatization, arbitrary detention and violence, state agents are implicated in persecution so protection is not available, and no viable internal flight alternative exists; therefore the claimant has established a serious possibility of persecution and is a Convention Refugee.

Citation
2019 RLLR 46
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
31 October 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision (hearing)
Outcome
Claim allowed; claimant found to be a Convention Refugee.
Legal Topics
Convention Refugee, Persecution, Particular Social Group, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights LGBT Rights Convention Refugee Persecution Particular Social Group State Protection +2 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision (hearing)

Legal Issues

  1. 1 Whether claimant faces a well‑founded fear of persecution for membership of a particular social group (homosexual men)
  2. 2 Whether claimant's testimony is credible
  3. 3 Whether state protection is available in the DRC

Ratio Decidendi

The claimant was found credible; documentary country evidence and testimony establish that homosexuals in the DRC face stigmatization, arbitrary detention and violence, state agents are implicated in persecution so protection is not available, and no viable internal flight alternative exists; therefore the claimant has established a serious possibility of persecution and is a Convention Refugee.

Court Disposition

Claim allowed; claimant found to be a Convention Refugee.

Orders

  • Claimant declared a 'Convention Refugee'.