2020 RLLR 8

2020 RLLR 8

The Panel accepted the claimants' credible, corroborated testimony that they are homosexual men who faced arrest, physical abuse, extortion and Khap Panchayat orders to kill; country evidence demonstrates police corruption, Panchayat influence and ongoing risk despite decriminalization of consensual same‑sex conduct; state protection is unavailable and no viable internal flight alternative exists; accordingly the claimants are Convention refugees under s.96 of the Act.

Citation
2020 RLLR 8
Parties
Principal Claimant: [XXX]; Co Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
25 June 2020
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division Determination)
Outcome
Claims accepted; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment, Country Conditions
Source Language
English
Immigration Refugee Law Human Rights LGBT Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

[XXX]

Principal Claimant

[XXX]

Co Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division Determination)

Legal Issues

  1. 1 Whether the claimants qualify as Convention refugees under s.96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimants form a particular social group as homosexual men
  3. 3 Whether the state of India is unwilling or unable to provide protection

Ratio Decidendi

The Panel accepted the claimants' credible, corroborated testimony that they are homosexual men who faced arrest, physical abuse, extortion and Khap Panchayat orders to kill; country evidence demonstrates police corruption, Panchayat influence and ongoing risk despite decriminalization of consensual same‑sex conduct; state protection is unavailable and no viable internal flight alternative exists; accordingly the claimants are Convention refugees under s.96 of the Act.

Court Disposition

Claims accepted; claimants found to be Convention refugees

Orders

  • The Claimants are found to be Convention refugees pursuant to section 96 of the Immigration and Refugee Protection Act and their claims are accepted.