2022 RLLR 120

2022 RLLR 120

The claimant's identity and credibility were accepted on the balance of probabilities, his bisexual sexual orientation was established and linked to a well-founded fear of persecution in Uganda, documentary country evidence showed systemic discrimination and criminalization of same-sex conduct, state protection was unavailable and no viable internal flight alternative existed; therefore he meets the definition of a Convention refugee under ss.96-97 IRPA.

Citation
2022 RLLR 120
Parties
Claimant: XXXX XXXX; Member, Refugee Protection Division: M. Rose
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
20 January 2022
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Claim (oral Reasons Rendered)
Outcome
Claim accepted; claimant found to be a Convention refugee
Legal Topics
Convention Refugee, Particular Social Group, State Protection, Internal Flight Alternative, Sexual Orientation/sogie
Source Language
English
Immigration Law Refugee Law Human Rights Law LGBT Rights Convention Refugee Particular Social Group State Protection Internal Flight Alternative +1 more

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Parties

XXXX XXXX

Claimant

M. Rose

Member, Refugee Protection Division

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision on Claim (oral Reasons Rendered)

Legal Issues

  1. 1 Identity and credibility of claimant
  2. 2 Whether claimant's sexual orientation constitutes a particular social group
  3. 3 Whether claimant has a well-founded fear of persecution

Ratio Decidendi

The claimant's identity and credibility were accepted on the balance of probabilities, his bisexual sexual orientation was established and linked to a well-founded fear of persecution in Uganda, documentary country evidence showed systemic discrimination and criminalization of same-sex conduct, state protection was unavailable and no viable internal flight alternative existed; therefore he meets the definition of a Convention refugee under ss.96-97 IRPA.

Court Disposition

Claim accepted; claimant found to be a Convention refugee

Orders

  • Claimant granted Convention refugee protection