2020 RLLR 30

2020 RLLR 30

The claimant is a Convention refugee because his sexual orientation gives rise to a nexus to persecution, his testimony and supporting documents are credible, objective country evidence and his failed efforts to obtain protection establish that Ecuador cannot provide operational protection, and there is no reasonable internal flight alternative anywhere in Ecuador.

Citation
2020 RLLR 30
Parties
Claimant: Claimant [XXX]; Tribunal: Refugee Protection Division (Panel: David Jones)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 February 2020
Procedural Posture
Refugee Protection Convention Refugee Claim Under IRPA / Decision (determination)
Outcome
Claimant's refugee protection claim accepted; claimant determined to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Persecution, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights LGBT Rights Convention Refugee Persecution Particular Social Group State Protection +2 more

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Parties

Claimant [XXX]

Claimant

Refugee Protection Division (Panel: David Jones)

Tribunal

Procedural Posture

Refugee Protection Convention Refugee Claim Under IRPA / Decision (determination)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant's sexual orientation constitutes a particular social group giving rise to nexus
  3. 3 Whether the claimant's testimony and documents are credible

Ratio Decidendi

The claimant is a Convention refugee because his sexual orientation gives rise to a nexus to persecution, his testimony and supporting documents are credible, objective country evidence and his failed efforts to obtain protection establish that Ecuador cannot provide operational protection, and there is no reasonable internal flight alternative anywhere in Ecuador.

Court Disposition

Claimant's refugee protection claim accepted; claimant determined to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimant determined to be a Convention refugee pursuant to section 96 of the Immigration and Refugee Protection Act; claim accepted by the Refugee Protection Division.