2019 RLLR 134

2019 RLLR 134

Claimants established, on the balance of probabilities, that as gay and bisexual men they are members of a particular social group and face a serious possibility of persecution in the Dominican Republic because of pervasive societal homophobia and inadequate state protection; therefore they meet the definition of Convention refugees under section 96 IRPA and their claims are accepted.

Citation
2019 RLLR 134
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
7 October 2019
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Refugee Protection Division (claim Accepted)
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of IRPA
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Sexual Orientation, Credibility Assessment, Re‑availment
Source Language
English
Immigration Law Refugee Law Human Rights LGBT Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +3 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Refugee Protection Division (claim Accepted)

Legal Issues

  1. 1 Whether claimants are Convention refugees under s.96 IRPA
  2. 2 Whether sexual orientation constitutes membership in a particular social group
  3. 3 Whether claimants have a well‑founded fear of persecution

Ratio Decidendi

Claimants established, on the balance of probabilities, that as gay and bisexual men they are members of a particular social group and face a serious possibility of persecution in the Dominican Republic because of pervasive societal homophobia and inadequate state protection; therefore they meet the definition of Convention refugees under section 96 IRPA and their claims are accepted.

Court Disposition

Claims accepted; claimants found to be Convention refugees under section 96 of IRPA

Orders

  • Claimants granted protection as Convention refugees under section 96 of the Immigration and Refugee Protection Act