2021 RLLR 16

2021 RLLR 16

The claimants are Convention refugees because they credibly established membership in a particular social group (lesbian woman and non‑gender conforming woman), demonstrated a well‑founded fear of persecution supported by both subjective testimony and objective country conditions showing pervasive homophobia and lack of operationally effective state protection, and relocation within the Bahamas is not reasonable.

Citation
2021 RLLR 16
Parties
Principal Claimant: Principal Claimant (name redacted); Associate Claimant: Associate Claimant (name redacted)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
9 December 2021
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (final Determination)
Outcome
Claims allowed; claimants found to be Convention refugees under section 96 of the IRPA
Legal Topics
Convention Refugee, Persecution, Sexual Orientation, Gender Identity, State Protection, Internal Relocation, Credibility, Particular Social Group, SOGIE Guidelines
Source Language
English
Immigration Law Refugee Law Human Rights LGBT Rights Convention Refugee Persecution Sexual Orientation Gender Identity +5 more

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Parties

Principal Claimant (name redacted)

Principal Claimant

Associate Claimant (name redacted)

Associate Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether claimants are members of a particular social group
  2. 2 Whether they have a well‑founded fear of persecution
  3. 3 Whether the state can provide operationally effective protection

Ratio Decidendi

The claimants are Convention refugees because they credibly established membership in a particular social group (lesbian woman and non‑gender conforming woman), demonstrated a well‑founded fear of persecution supported by both subjective testimony and objective country conditions showing pervasive homophobia and lack of operationally effective state protection, and relocation within the Bahamas is not reasonable.

Court Disposition

Claims allowed; claimants found to be Convention refugees under section 96 of the IRPA

Orders

  • Both claimants' refugee protection claims are accepted and they are determined to be Convention refugees