2021 RLLR 67

2021 RLLR 67

Claimant found credible and established membership of a particular social group (bisexual woman); objective country evidence and laws criminalizing same-sex conduct, combined with lack of state protection and no viable internal flight alternative, establish a well-founded fear of persecution under section 96 IRPA,...

Source-derived case information.

Citation
2021 RLLR 67
Parties
Claimant: XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
3 December 2021
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, Credibility, State Protection, Internal Flight Alternative, SOGIE Guidelines
Source Language
english
Immigration Law Refugee Law Human Rights LGBTQ Rights Criminal Law (foreign) Convention Refugee Particular Social Group Sexual Orientation +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 1
Sign in to unlock

Parties

XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant qualifies as a Convention refugee under section 96 of IRPA
  2. 2 Whether sexual orientation (bisexual woman) constitutes a particular social group
  3. 3 Whether claimant's fear is well-founded and grounded in objective country conditions

Ratio Decidendi

Claimant found credible and established membership of a particular social group (bisexual woman); objective country evidence and laws criminalizing same-sex conduct, combined with lack of state protection and no viable internal flight alternative, establish a well-founded fear of persecution under section 96 IRPA, therefore claimant is a Convention refugee.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claimant granted refugee protection; claim accepted.