2020 RLLR 23

2020 RLLR 23

On the totality of the evidence the claimant is a Convention refugee because he was targeted by FARC dissidents due to his state employment that manifested a political/imputed political opinion, his sexual orientation increases his risk, state protection was not available or adequate, and there is no viable internal flight alternative in Colombia.

Citation
2020 RLLR 23
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 January 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, State Protection, Internal Flight Alternative, LGBTQ Persecution, Political Opinion, FARC Dissidents
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee State Protection Internal Flight Alternative LGBTQ Persecution Political Opinion +1 more

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Parties

[XXX]

Claimant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee
  2. 2 Whether the claimant's persecution is linked to a Convention ground (political opinion/imputed political opinion)
  3. 3 Whether effective state protection was available

Ratio Decidendi

On the totality of the evidence the claimant is a Convention refugee because he was targeted by FARC dissidents due to his state employment that manifested a political/imputed political opinion, his sexual orientation increases his risk, state protection was not available or adequate, and there is no viable internal flight alternative in Colombia.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claimant granted protection as a Convention refugee under s.96 IRPA