2021 RLLR 51

2021 RLLR 51

The member accepted the claimant’s credible, consistent testimony that he is a gay man, found a nexus between the feared harm and membership in a particular social group, and on objective country documentation concluded there is a serious possibility of persecution in India and that state protection and any internal flight alternative are not reasonably available. Therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Citation
2021 RLLR 51
Parties
Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
10 March 2021
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision Rendered Following Merits Hearing
Outcome
Claim accepted; claimant found to be a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative
Source Language
English
Immigration Refugee Law Human Rights LGBTQ Rights Convention Refugee Particular Social Group Sexual Orientation State Protection +1 more

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Rendered Following Merits Hearing

Legal Issues

  1. 1 Whether claimant meets definition of Convention refugee under s.96 IRPA
  2. 2 Whether claimant’s sexual orientation constitutes membership of a particular social group
  3. 3 Whether there is a nexus between feared harm and a Convention ground

Ratio Decidendi

The member accepted the claimant’s credible, consistent testimony that he is a gay man, found a nexus between the feared harm and membership in a particular social group, and on objective country documentation concluded there is a serious possibility of persecution in India and that state protection and any internal flight alternative are not reasonably available. Therefore the claimant meets the definition of a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee pursuant to Section 96 of the Immigration and Refugee Protection Act.

Orders

  • Claimant recognized as a Convention refugee; claim accepted by the Refugee Protection Division