2019 RLLR 153

2019 RLLR 153

The Panel accepted the claimant's credibility on the determinative issue of sexual orientation, found documentary and corroborative evidence showed police hostility and an outstanding summons against the father, concluded the state would be unwilling or unable to protect the family, rejected Mumbai as a viable internal flight alternative, and therefore determined the claimants to be Convention refugees.

Citation
2019 RLLR 153
Parties
Claimant: XXXX XXXX; Father / Co Claimant: XXXX XXXX XXXX; Mother / Co Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 November 2019
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division
Outcome
Claims allowed; claimants determined to be Convention refugees
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, Credibility, Particular Social Group (homosexual Man and Family)
Source Language
English
Immigration Law Refugee Law Human Rights LGBTQ Rights Convention Refugee State Protection Internal Flight Alternative Credibility +1 more

Case Brief

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Parties

XXXX XXXX

Claimant

XXXX XXXX XXXX

Father / Co Claimant

XXXX XXXX

Mother / Co Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is credibly homosexual
  2. 2 Whether the claimants face a risk of persecution on Convention grounds
  3. 3 Whether the Indian state is willing and able to provide protection

Ratio Decidendi

The Panel accepted the claimant's credibility on the determinative issue of sexual orientation, found documentary and corroborative evidence showed police hostility and an outstanding summons against the father, concluded the state would be unwilling or unable to protect the family, rejected Mumbai as a viable internal flight alternative, and therefore determined the claimants to be Convention refugees.

Court Disposition

Claims allowed; claimants determined to be Convention refugees

Orders

  • The claimants XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX are "Convention refugees" pursuant to section 96 of the Immigration and Refugee Protection Act
  • Claims accepted by the Refugee Protection Division