2019 RLLR 124

2019 RLLR 124

The claimant was found credible and demonstrated on a balance of probabilities that he faces a well‑founded risk of persecution as a homosexual, HIV‑positive man, that state protection is unavailable due to police complicity and corruption, and that no internal flight alternative exists; therefore he is a Convention refugee.

Citation
2019 RLLR 124
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 December 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Convention Refugee Claim (refugee Protection Division Reasons for Decision)
Outcome
Claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Sexual Orientation, HIV Discrimination, Credibility
Source Language
English
Immigration Refugee Law Human Rights Administrative Law Convention Refugee Membership of a Particular Social Group State Protection Internal Flight Alternative +3 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Convention Refugee Claim (refugee Protection Division Reasons for Decision)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether claimant has a well‑founded fear of persecution based on membership of a particular social group (homosexual men)
  3. 3 Whether state protection is available or can be rebutted

Ratio Decidendi

The claimant was found credible and demonstrated on a balance of probabilities that he faces a well‑founded risk of persecution as a homosexual, HIV‑positive man, that state protection is unavailable due to police complicity and corruption, and that no internal flight alternative exists; therefore he is a Convention refugee.

Court Disposition

Claimant found to be a Convention refugee

Orders

  • Claimant recognized as a Convention refugee and granted refugee protection (referred for protection in Canada)