2020 RLLR 16

2020 RLLR 16

Claimant is a credible queer non-binary person whose fear of persecution in Turkey is linked to membership of a particular social group; objective country documentation shows state unwillingness/unable to protect and no viable internal flight alternative, therefore the claimant meets the Convention refugee test and the claim is accepted.

Citation
2020 RLLR 16
Parties
Claimant: XXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
6 January 2020
Procedural Posture
Refugee Protection Claim / Decision (refugee Hearing)
Outcome
Claim allowed; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBTQ Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

XXX

Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Hearing)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether claimant is a member of a particular social group based on gender identity and sexual orientation
  3. 3 Whether adequate state protection is available in Turkey

Ratio Decidendi

Claimant is a credible queer non-binary person whose fear of persecution in Turkey is linked to membership of a particular social group; objective country documentation shows state unwillingness/unable to protect and no viable internal flight alternative, therefore the claimant meets the Convention refugee test and the claim is accepted.

Court Disposition

Claim allowed; claimant found to be a Convention refugee

Orders

  • Claimant found to be a Convention refugee and claim accepted