2022 RLLR 93

2022 RLLR 93

The claimant credibly established membership in a particular social group (lesbian woman), objective country evidence and claimant's facts show criminalization and documented state and societal violence amounting to persecution, and state protection and internal flight alternatives are not reasonably available; therefore the claimant meets the definition of a Convention refugee under section 96 and paragraph 97(1) IRPA.

Citation
2022 RLLR 93
Parties
Claimant: XXXX XXXX; Tribunal: Refugee Protection Division, Immigration and Refugee Board of Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
15 September 2022
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Final Decision (oral)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Membership in a Particular Social Group, Sexual Orientation, State Protection, Internal Flight Alternative, Credibility Assessment, Persecution
Source Language
English
Immigration Law Refugee Law Human Rights Law Convention Refugee Membership in a Particular Social Group Sexual Orientation State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Claimant

Refugee Protection Division, Immigration and Refugee Board of Canada

Tribunal

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Final Decision (oral)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 and paragraph 97(1) of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant's sexual orientation as a lesbian constitutes membership in a particular social group
  3. 3 Whether the claimant would face persecution by state or non‑state actors in Uganda

Ratio Decidendi

The claimant credibly established membership in a particular social group (lesbian woman), objective country evidence and claimant's facts show criminalization and documented state and societal violence amounting to persecution, and state protection and internal flight alternatives are not reasonably available; therefore the claimant meets the definition of a Convention refugee under section 96 and paragraph 97(1) IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claimant recognized as a Convention refugee and protection accepted