2021 RLLR 24

2021 RLLR 24

The Member accepted the claimant's credibility and found a nexus between the claimant's non-binary sexual orientation/gender identity and a serious possibility of persecution in Kuwait based on documentary evidence and Chairperson's Guideline No.9; accordingly the claimant was determined to be a Convention refugee; the Member found no danger of torture.

Citation
2021 RLLR 24
Parties
Claimant: XXXX; Adjudicator: Michael McCaffrey
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 October 2021
Procedural Posture
Refugee Protection Claim (convention Refugee) / Decision Following Hearing
Outcome
Claim accepted; claimant determined to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, Gender Identity, Persecution Risk, Credibility Assessment, Torture Risk
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Particular Social Group Sexual Orientation Gender Identity Persecution Risk +2 more

Case Brief

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Parties

XXXX

Claimant

Michael McCaffrey

Adjudicator

Procedural Posture

Refugee Protection Claim (convention Refugee) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant meets the definition of a Convention refugee under s.96 and s.97(1) of the Immigration and Refugee Protection Act
  2. 2 Whether claimant faces persecution in Kuwait because of sexual orientation and gender identity
  3. 3 Assessment of claimant's credibility and identity

Ratio Decidendi

The Member accepted the claimant's credibility and found a nexus between the claimant's non-binary sexual orientation/gender identity and a serious possibility of persecution in Kuwait based on documentary evidence and Chairperson's Guideline No.9; accordingly the claimant was determined to be a Convention refugee; the Member found no danger of torture.

Court Disposition

Claim accepted; claimant determined to be a Convention refugee

Orders

  • Claim accepted and claimant determined to be a Convention refugee
  • Found claimant does not face a danger of torture in Kuwait