2019 RLLR 71

2019 RLLR 71

The claimant was found credible; documentary and country evidence established that sexual minorities in El Salvador face violence and impunity, state protection is inadequate, and no viable internal flight alternative exists, therefore the claimant has a well‑founded fear of persecution based on membership of a particular social group (gay man) and is a Convention refugee under section 96 IRPA.

Citation
2019 RLLR 71
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
19 November 2019
Procedural Posture
Refugee Protection (convention Refugee Claim) / Decision (oral Reasons Concluded)
Outcome
Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Sexual Orientation Persecution, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Sexual Orientation Persecution State Protection Internal Flight Alternative Credibility Assessment

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 4 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection (convention Refugee Claim) / Decision (oral Reasons Concluded)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 IRPA
  2. 2 Whether the claimant is credible
  3. 3 Whether the claimant faces persecution based on sexual orientation

Ratio Decidendi

The claimant was found credible; documentary and country evidence established that sexual minorities in El Salvador face violence and impunity, state protection is inadequate, and no viable internal flight alternative exists, therefore the claimant has a well‑founded fear of persecution based on membership of a particular social group (gay man) and is a Convention refugee under section 96 IRPA.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claim accepted
  • Claimant recognized as a Convention refugee under s.96 IRPA