2021 RLLR 14

2021 RLLR 14

The claimant was found credible and, on the totality of evidence, established a nexus between persecution risk and membership of a particular social group (sexual orientation/transgender); objective country evidence showed discrimination and violence and insufficient state protection and no viable internal flight alternative, therefore he faces a serious possibility of persecution and qualifies as a Convention refugee under section 96.

Citation
2021 RLLR 14
Parties
Claimant: XXXX XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
13 May 2021
Procedural Posture
Refugee Protection Claim / Determination by Refugee Protection Division (hearing and Decision)
Outcome
Claim allowed; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act
Legal Topics
Convention Refugee, Membership in a Particular Social Group, Sexual Orientation and Gender Identity, State Protection Assessment, Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBT Rights Convention Refugee Membership in a Particular Social Group Sexual Orientation and Gender Identity State Protection Assessment +1 more

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Parties

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim / Determination by Refugee Protection Division (hearing and Decision)

Legal Issues

  1. 1 Whether claimant meets definition of Convention refugee
  2. 2 Nexus to membership in a particular social group (sexual orientation/transgender)
  3. 3 Credibility of claimant

Ratio Decidendi

The claimant was found credible and, on the totality of evidence, established a nexus between persecution risk and membership of a particular social group (sexual orientation/transgender); objective country evidence showed discrimination and violence and insufficient state protection and no viable internal flight alternative, therefore he faces a serious possibility of persecution and qualifies as a Convention refugee under section 96.

Court Disposition

Claim allowed; claimant recognized as a Convention refugee under section 96 of the Immigration and Refugee Protection Act

Orders

  • Claim accepted and claimant recognized as a Convention refugee pursuant to section 96