2020 RLLR 59

2020 RLLR 59

The claimant, whose identity was established, was found credible and demonstrated membership of a particular social group (gay man); objective country documentation and claimant's evidence established a serious possibility of persecution throughout Uganda with the State as the agent of persecution, rendering state protection and internal relocation unavailable; therefore he meets the Convention refugee definition under section 96 of the Immigration and Refugee Protection Act.

Citation
2020 RLLR 59
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
1 October 2020
Procedural Posture
Refugee Protection Claim / Decision Rendered After Hearing
Outcome
Claim accepted; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Sexual Orientation, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, National Documentation Package
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Sexual Orientation Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim / Decision Rendered After Hearing

Legal Issues

  1. 1 Identity verification
  2. 2 Nexus to a Convention ground (particular social group)
  3. 3 Credibility of claimant

Ratio Decidendi

The claimant, whose identity was established, was found credible and demonstrated membership of a particular social group (gay man); objective country documentation and claimant's evidence established a serious possibility of persecution throughout Uganda with the State as the agent of persecution, rendering state protection and internal relocation unavailable; therefore he meets the Convention refugee definition under section 96 of the Immigration and Refugee Protection Act.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted; claimant determined to be a Convention refugee under section 96 of the Immigration and Refugee Protection Act