2021 RLLR 47

2021 RLLR 47

The panel accepted the claimant's testimony as credible on a balance of probabilities, found he belongs to the particular social group of bisexual men, and on objective country evidence (criminalization of same-sex activity, documented police abuse and impunity) concluded state protection and internal flight alternatives were unavailable; therefore the claimant faces a serious possibility of persecution and is a Convention refugee under s.96 IRPA.

Citation
2021 RLLR 47
Parties
Claimant: Mr. XXXX XXXX; Intervener: Minister (Intervener)
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
12 January 2021
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by the Refugee Protection Division
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment
Source Language
English
Immigration and Refugee Law Human Rights Criminal Law Lgbtq+ Rights Convention Refugee Particular Social Group Sexual Orientation State Protection +2 more

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Parties

Mr. XXXX XXXX

Claimant

Minister (Intervener)

Intervener

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision by the Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 of IRPA based on membership of a particular social group (bisexual man)
  2. 2 Credibility of claimant in light of alleged inconsistencies
  3. 3 Availability of state protection in Nigeria

Ratio Decidendi

The panel accepted the claimant's testimony as credible on a balance of probabilities, found he belongs to the particular social group of bisexual men, and on objective country evidence (criminalization of same-sex activity, documented police abuse and impunity) concluded state protection and internal flight alternatives were unavailable; therefore the claimant faces a serious possibility of persecution and is a Convention refugee under s.96 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claim accepted and claimant recognized as a Convention refugee