2020 RLLR 58

2020 RLLR 58

The claimant was found credible, established his identity, demonstrated persecution on the basis of sexual orientation by an ex‑partner, and adduced clear and convincing evidence that Peruvian authorities were unwilling or unable to protect him and that no internal flight alternative exists; therefore he meets the Convention refugee definition under ss.96 and 97(1) IRPA.

Citation
2020 RLLR 58
Parties
Principal Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
27 November 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (hearing Concluded)
Outcome
Claim accepted; claimant recognized as a Convention refugee and person in need of protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Sexual Orientation State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

[XXX]

Principal Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (hearing Concluded)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under ss.96 and 97(1) of IRPA
  2. 2 Whether the claimant is credible and his identity established
  3. 3 Whether state protection in Peru is available and effective

Ratio Decidendi

The claimant was found credible, established his identity, demonstrated persecution on the basis of sexual orientation by an ex‑partner, and adduced clear and convincing evidence that Peruvian authorities were unwilling or unable to protect him and that no internal flight alternative exists; therefore he meets the Convention refugee definition under ss.96 and 97(1) IRPA.

Court Disposition

Claim accepted; claimant recognized as a Convention refugee and person in need of protection pursuant to section 96 and subsection 97(1) of the Immigration and Refugee Protection Act

Orders

  • Claimant recognized as a Convention refugee and person in need of protection; claim allowed