2019 RLLR 128

2019 RLLR 128

Tribunal accepted claimant's credibility and evidence that he is a gay man; found a nexus between his sexual orientation and a well-founded fear of persecution given Ghanaian criminalization of same-sex conduct and documented country conditions; concluded state protection would not be reasonably forthcoming and no viable internal flight alternative exists; claimant is a Convention refugee under ss.96 and 97(1) of the IRPA.

Citation
2019 RLLR 128
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
23 April 2019
Procedural Posture
Refugee Protection Proceeding / Decision (oral)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation Claims, State Protection, Internal Flight Alternative, Credibility
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBT Rights Convention Refugee Particular Social Group Sexual Orientation Claims State Protection +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 2 Party arguments 2
Sign in to unlock

Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Proceeding / Decision (oral)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Nexus between persecution and a Convention ground (sexual orientation)
  3. 3 Credibility of claimant's testimony

Ratio Decidendi

Tribunal accepted claimant's credibility and evidence that he is a gay man; found a nexus between his sexual orientation and a well-founded fear of persecution given Ghanaian criminalization of same-sex conduct and documented country conditions; concluded state protection would not be reasonably forthcoming and no viable internal flight alternative exists; claimant is a Convention refugee under ss.96 and 97(1) of the IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant is a Convention refugee.
  • Hearing concluded.