2020 RLLR 159

2020 RLLR 159

The claimants' credible testimony and corroborating country documentation show persistent societal discrimination and police bias against LGBT persons in India; applying the Hathaway/Mahmoud test, the 2018 decriminalization is not yet an effective, durable change in conditions and state protection is inadequate; therefore the claimants face a serious possibility of persecution and are Convention refugees.

Citation
2020 RLLR 159
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
4 February 2020
Procedural Posture
Refugee Protection Claim / Final Decision (reasons for Decision)
Outcome
Claim allowed; claimants found to be Convention refugees
Legal Topics
Convention Refugee, Persecution on Account of Sexual Orientation, State Protection, Changing Country Conditions, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration Refugee Law Human Rights LGBT Rights Convention Refugee Persecution on Account of Sexual Orientation State Protection Changing Country Conditions +2 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the claimants, as a same-sex couple from India, face a serious possibility of persecution if returned
  2. 2 Whether the 2018 repeal of Section 377 constitutes a durable change negating risk
  3. 3 Whether state protection and internal flight alternatives are available

Ratio Decidendi

The claimants' credible testimony and corroborating country documentation show persistent societal discrimination and police bias against LGBT persons in India; applying the Hathaway/Mahmoud test, the 2018 decriminalization is not yet an effective, durable change in conditions and state protection is inadequate; therefore the claimants face a serious possibility of persecution and are Convention refugees.

Court Disposition

Claim allowed; claimants found to be Convention refugees

Orders

  • Claimants found to be Convention refugees; claims accepted