2019 RLLR 72

2019 RLLR 72

On the balance of probabilities the claimant was found to be a homosexual male whose subjective fear of persecution is credible and objectively well founded; there is a nexus between the fear and membership of a particular social group; country documentation demonstrates lack of adequate state protection and no viable internal flight alternative; therefore the claimant meets the definition of a Convention refugee and the claim is accepted.

Citation
2019 RLLR 72
Parties
Claimant: Claimant [redacted]; Tribunal: Refugee Protection Division
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
25 November 2019
Procedural Posture
Refugee Protection / Decision Rendered (oral Reasons)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Membership of a Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights LGBT Rights Convention Refugee Membership of a Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

Claimant [redacted]

Claimant

Refugee Protection Division

Tribunal

Procedural Posture

Refugee Protection / Decision Rendered (oral Reasons)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether claimant is a member of a particular social group (homosexual male)
  3. 3 Whether there is a nexus between the fear and a convention ground

Ratio Decidendi

On the balance of probabilities the claimant was found to be a homosexual male whose subjective fear of persecution is credible and objectively well founded; there is a nexus between the fear and membership of a particular social group; country documentation demonstrates lack of adequate state protection and no viable internal flight alternative; therefore the claimant meets the definition of a Convention refugee and the claim is accepted.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted; Convention refugee status granted
  • Hearing concluded