2019 RLLR 156

2019 RLLR 156

On the balance of probabilities the claimant established that she is a bisexual woman and has a well‑founded fear of persecution in the Bahamas due to membership of a particular social group; objective country evidence shows pervasive discrimination and inadequate state protection and no viable internal flight alternative exists, therefore the claimant is a Convention refugee.

Citation
2019 RLLR 156
Parties
Claimant: XXXX XXXX XXXX; Decision Maker: M. Gayda; Respondent (state): Commonwealth of The Bahamas
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 November 2019
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim allowed; claimant accepted as a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Sexual Orientation
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBT Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX

Claimant

M. Gayda

Decision Maker

Commonwealth of The Bahamas

Respondent (state)

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant's sexual orientation constitutes membership in a particular social group
  3. 3 Whether the claimant's fear of persecution is well-founded

Ratio Decidendi

On the balance of probabilities the claimant established that she is a bisexual woman and has a well‑founded fear of persecution in the Bahamas due to membership of a particular social group; objective country evidence shows pervasive discrimination and inadequate state protection and no viable internal flight alternative exists, therefore the claimant is a Convention refugee.

Court Disposition

Claim allowed; claimant accepted as a Convention refugee

Orders

  • Claim accepted; claimant found to be a Convention refugee