2021 RLLR 66

2021 RLLR 66

The claimant was found credible, is a bisexual man from Ghana, and objective country conditions including criminalization, police hostility and widespread societal homophobia mean there is a serious possibility of persecution, no adequate state protection and no viable internal flight alternative; therefore he qualifies as a Convention refugee under membership of a particular social group.

Citation
2021 RLLR 66
Parties
Claimant: XXXX XXXX XXXX XXXX; Member: Louise Gentile
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
17 December 2021
Procedural Posture
Refugee Protection Claim (convention Refugee Sections 96 and 97(1) Irpa) / Decision (refugee Protection Division Final Determination)
Outcome
Claim accepted; claimant found to be a Convention refugee.
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Credibility, Sexual Orientation
Source Language
English
Immigration Refugee Law Human Rights Lgbtq+ Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Louise Gentile

Member

Procedural Posture

Refugee Protection Claim (convention Refugee Sections 96 and 97(1) Irpa) / Decision (refugee Protection Division Final Determination)

Legal Issues

  1. 1 Whether the claimant is a member of a particular social group (bisexual man)
  2. 2 Whether the claimant faces a well-founded fear of persecution on that ground
  3. 3 Whether adequate State protection is available in Ghana

Ratio Decidendi

The claimant was found credible, is a bisexual man from Ghana, and objective country conditions including criminalization, police hostility and widespread societal homophobia mean there is a serious possibility of persecution, no adequate state protection and no viable internal flight alternative; therefore he qualifies as a Convention refugee under membership of a particular social group.

Court Disposition

Claim accepted; claimant found to be a Convention refugee.

Orders

  • Claim accepted; claimant determined to be a Convention refugee.