2019 RLLR 139

2019 RLLR 139

The claimant was found credible; his bisexual orientation and the homophobic attack establish nexus to a Convention ground; objective country evidence shows pervasive homophobia and inadequate state protection in Ukraine; consequently the claimant faces persecution and cannot safely return or relocate internally, so he qualifies as a Convention refugee.

Citation
2019 RLLR 139
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 October 2019
Procedural Posture
Refugee Protection (convention Refugee Claim) / Decision (oral)
Outcome
Claim allowed; claimant accepted as a Convention refugee
Legal Topics
Convention Refugee, Persecution, State Protection, Sexual Orientation, Credibility
Source Language
English
Immigration Refugee Law Human Rights LGBTQ Rights Convention Refugee Persecution State Protection Sexual Orientation +1 more

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

[XXX]

Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether the claimant is credible
  3. 3 Whether the persecution is on Convention ground of sexual orientation

Ratio Decidendi

The claimant was found credible; his bisexual orientation and the homophobic attack establish nexus to a Convention ground; objective country evidence shows pervasive homophobia and inadequate state protection in Ukraine; consequently the claimant faces persecution and cannot safely return or relocate internally, so he qualifies as a Convention refugee.

Court Disposition

Claim allowed; claimant accepted as a Convention refugee

Orders

  • Claim accepted and claimant recognized as a Convention refugee