2019 RLLR 179

2019 RLLR 179

The claimants, credibly identified as lesbian women who were harassed and at risk in Egypt, established on a balance of probabilities that their sexual orientation places them in a particular social group and that there is a serious possibility of persecution on that ground because the Egyptian state and public actors have targeted LGBTQ persons and state protection is unavailable anywhere in the country; therefore they meet the definition of Convention refugees under section 96 of IRPA.

Citation
2019 RLLR 179
Parties
Claimant: Ms. XXXX XXXX XXXX XXXX; Associate Claimant: Ms. XXXX XXXX XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 January 2019
Procedural Posture
Refugee Protection Convention Refugee Claim Under IRPA / Expedited Determination Decided Without a Hearing
Outcome
Claims accepted; claimants found to be Convention refugees under section 96 of IRPA
Legal Topics
Convention Refugee, State Protection, Sexual Orientation/gender Identity, Credibility, Expedited Processing, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBTQ Rights Convention Refugee State Protection Sexual Orientation/gender Identity Credibility +2 more

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Parties

Ms. XXXX XXXX XXXX XXXX

Claimant

Ms. XXXX XXXX XXXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Convention Refugee Claim Under IRPA / Expedited Determination Decided Without a Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees under section 96 of IRPA
  2. 2 Whether sexual orientation/gender identity constitutes membership of a particular social group
  3. 3 Whether the state of Egypt is unable or unwilling to protect the claimants

Ratio Decidendi

The claimants, credibly identified as lesbian women who were harassed and at risk in Egypt, established on a balance of probabilities that their sexual orientation places them in a particular social group and that there is a serious possibility of persecution on that ground because the Egyptian state and public actors have targeted LGBTQ persons and state protection is unavailable anywhere in the country; therefore they meet the definition of Convention refugees under section 96 of IRPA.

Court Disposition

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

Orders

  • Claims accepted and granted Convention refugee status
  • Decision rendered without a hearing under the RPD expedited processing policy