2019 RLLR 132

2019 RLLR 132

The Member found the claimant credible and proved identity and membership in the particular social group (gay man); country documentation established criminalization of same-sex behaviour in Kenya and evidence of police harassment, torture and lack of effective protection; because state protection and an internal flight alternative were not available, the claimant faced a well-founded fear of persecution and therefore is a Convention refugee under s.96 IRPA.

Citation
2019 RLLR 132
Parties
Claimant: Mr. [XXX]; Member/decision Maker: A. Lopes Morey
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
16 December 2019
Procedural Posture
Refugee Protection Claim / Decision Issued
Outcome
Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights LGBTQ Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

Mr. [XXX]

Claimant

A. Lopes Morey

Member/decision Maker

Procedural Posture

Refugee Protection Claim / Decision Issued

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant established membership in a particular social group (gay man)
  3. 3 Whether claimant faces a risk of persecution on return to Kenya based on sexual orientation

Ratio Decidendi

The Member found the claimant credible and proved identity and membership in the particular social group (gay man); country documentation established criminalization of same-sex behaviour in Kenya and evidence of police harassment, torture and lack of effective protection; because state protection and an internal flight alternative were not available, the claimant faced a well-founded fear of persecution and therefore is a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted and Convention refugee status granted pursuant to Section 96 of the Immigration and Refugee Protection Act