2020 RLLR 129

2020 RLLR 129

The panel accepted the claimants' identities and core testimony, found objective country conditions in Mexico establish a serious possibility of persecution of gay men nationwide, determined there was no viable internal flight alternative that was both safe and reasonable, and therefore concluded the claimants meet the definition of convention refugees under IRPA ss.96 and 97(1).

Citation
2020 RLLR 129
Parties
Claimant: [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
30 October 2020
Procedural Posture
Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Hearing Before the Refugee Protection Division; Oral Decision Rendered; Written Reasons Issued (written Reasons Prepared Thereafter)
Outcome
Claims allowed; claimants found to be convention refugees
Legal Topics
Convention Refugee, Credibility, Internal Flight Alternative, Persecution Based on Sexual Orientation, Delay in Filing
Source Language
English
Immigration Refugee Law Human Rights LGBTQ Rights Convention Refugee Credibility Internal Flight Alternative Persecution Based on Sexual Orientation +1 more

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Parties

[XXX]

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Sections 96 and 97(1) / Hearing Before the Refugee Protection Division; Oral Decision Rendered; Written Reasons Issued (written Reasons Prepared Thereafter)

Legal Issues

  1. 1 Credibility of claimants' testimony
  2. 2 Delay in making protection claims
  3. 3 Availability and reasonableness of internal flight alternative

Ratio Decidendi

The panel accepted the claimants' identities and core testimony, found objective country conditions in Mexico establish a serious possibility of persecution of gay men nationwide, determined there was no viable internal flight alternative that was both safe and reasonable, and therefore concluded the claimants meet the definition of convention refugees under IRPA ss.96 and 97(1).

Court Disposition

Claims allowed; claimants found to be convention refugees

Orders

  • Claimants [XXX] and [XXX] are determined to be convention refugees and their claims for refugee protection are accepted
  • No adverse credibility finding made on account of delay